HomeMy WebLinkAbout0845 Community Service DirectorCITY OF CIIUBBUCI<, IDAIIQ
ORDINANCE NO. CJ '1.5'
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 17.08
TO PROVIDE A DEFINITION OF COMMUNITY SERVICE DIRECTOR FOR CHAPTER 17;
AMENDING CHAPTERS 17.12 AND 17.16 TO CHANGE THE OVERSIGHT OF THE
DESIGNATED RESPONSIBILITIES THEREIN FROM THE PUBLIC WORKS DIRECTOR
TO THE COMMUNITY SERVICES DIRECTOR AND AMENDING SECTION 17.12.084G TO
PROVIDE 10 BUSINESS DAYS INSTEAD OF BUSINESS DAYS TO THE REVIEWING
DEPARTMENTS TO COMMENT ON A PRELIMINARY PLAT TO THE COMMUNITY
SERVICES DIRECTOR; AMENDING CHAPTER 17.28 TO CHANGE THE PARK IMPACT
FEE ADMINISTRATOR FROM THE PUBLIC WORDS DIRECTOR TO THE COMMUNITY
SERVICES DIRECTOR; AMENDING CHAPTER 18.06 TO PROVIDE A DEFINITION OF
COMMUNITY SERVICE DIRECTOR FOR CHAPTER 18; AMENDING CHAPTERS 18.08,
18.12, AND 18.14 TO CHANGE THE OVERSIGHT OF CERTAIN DUTIES AND
RESPONSIBILITIES FROM THE BUILDING OFFICIAL AND/OR BUILDING INSPECTOR
TO THE COMMUNITY SERVICES DIRECTOR; AMENDING CHAPTER 18.16 TO ADD
THE COMMUNITY SERVICES DIRECTOR TO THE DESIGN REVIEW COMMITTEE TO
REMOVE THE BUILDING OFFICIAL; AMENDING CHAPTERS 18.20, 18.21, 18.28, 18.34,
AND 18.35 TO CHANGE THE OVERSIGHT OF THE DESIGNATED RESPONSIBILITIES
FROM THE PUBLIC WORKS DIRECTOR TO THE COMMUNITY SERVICES DIRECTOR;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABH,ITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL
OTHER SECTIONS IN TITLES 17 AND 18 NOT AMENDED SHALL REMAIN INEFFECT;
AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CFJUBBUCK, IDAHO:
Section 1. Amended Chapter 17.08. Chapter 17,08 of the Chubbuck Municipal Code is
amended by adding a new section 17.08.025, as follows:
17.08.025: COMMUNITY SERVICES DIRECTOR:
"Community Services Director" as used in this Chapter means the individual employed by the
City of Chubbuck who oversees the Community Services Department,_ or their designee.
Section 2. Amended Chapter 17.12. Sections 17.12.020, 17.12.030, 17.12.040,
17,12.080, 17.12.110, 17.12.200, 17.12.210, 17.12.220, 17.12.230, 17.12.300 of Chaptcr 17.12
are hereby amended as follows:
17.12.020: PLANNING CONFERENCE:
A. During the phase described in section 17.12.010 of this chapter, the developer meets with
the Publi . tx',,i Communi Services Director and together they review the
development proposal for conformity to the City's comprehensive plan and for
compliance with all applicable laws and ordinances.
B. At least seven (7) calendar days prior to the desired meeting time, the developer shall
submit to the Publi , txr,,d Community Set -vices Director sketch plans and narrative
statement of intentions regarding:
1. Nature of land use;
2. Municipal services and public utilities;
3. Vehicular and pedestrian traffic;
4. Structures and improvements;
5. Lot and block layout;
6. Open space for recreation and public facilities;
7. Relationship with land use and development on adjoining property; and
8. Proof of ownership, agency for the owner or option or purchase from the owner,
of the land to be developed.
C. The Piiblie Work Community Services Director shall:
1. Review the developer's proposal and require the submission of such additional
materials as may be needed to determine in general whether the proposal
conforms to the comprehensive plan and complies with applicable laws and
ordinances;
a. If the proposal does not encompass all of the land which the developer
ultimately seeks to develop, the developer shall prepare for the P iblis
Works Community Services Director's review a master plan relating to
the entire area, containing the elements set forth in subsection IB of this
section,
b. The master plan shall serve as a framework for evaluating specific
development proposals within the subject area and shall be updated
whenever required by changing circumstances;
2. Advise the developer in writing of his preliminary finding as to whether the
development proposal (together with master plan, if applicable) appears to
conform to the City's comprehensive plan and to comply with all applicable laws
and ordinances;
a. Where there is an apparent lack of such conformity or compliance the
D„x.y; , xxr„ irn Cammuni Services Director may recommend actions to
remedy the problem,
2
b. Rabli We Community Services Director's preliminary finding or
recommendation shall be duly considered but shall not be binding upon
the City in the course of reviewing plats thereafter submitted;
3. Determine whether the proposal involves the subdivision of land, creation of a
street or constitutes a subdivision as specified in subsections 17.04.040B 1 and B2
of this title;
a. If so, the mks Work Community Services Director shall direct the
developer to submit a preliminary plat,
b. If the proposal neither involves creation of a street nor constitutes a
subdivision, but is governed by this title because it is a project as
provided in subsection 17.04.040B3 of this title, then the Pebl a Mler- s
Community Services Director shall further determine, and advise the
developer, whether the proposal potentially has a sufficient impact upon
the City's comprehensive plan and upon the purpose of this title to
require submission of a preliminary plat;
4. Inform the developer of the persons or agencies to whom copies of a preliminary
plat shall be distributed by the developer, as provided in section 17.12.030 of this
chapter so that the developer may contact them and ascertain their requirements
before preparing the plat. (Ord. 773, 2018)
17.12.030: COPIES TO BE SUBMITTED:
Except as provided in section 17.12.040 of this chapter, upon completion of the planning
conference phase, the developer shall submit to the r ,bl;,s Comm -unity Services Director
one electronic document in PDF format of a preliminary plat of the proposal containing the
information and reflecting the format required by sections 17.12.150 through 17.12.190 of this
chapter. (Ord. 773, 2018)
17.12.040: REQUEST FOR WAIVER:
If the proposal does not involve subdivision of land or creation of a street, but is a project governed
by this title, as set forth in subsection 17.04.040133 of this title, the developer may submit to the
Ptibl e Yxr,,d Community Services Director, one copy of a written request for waiver of the
platting requirement, stating the reason(s) why waiver is sought. (Ord. 773, 2018)
17.12.080: PLAT OR REQUEST FOR WAIVER TO BE REVIEWED:
A. Upon receipt of the preliminary plat application or request for waiver ("application"), the
Community Services shall perform a completeness review within five (5)
business days from official receipt of the application and applicable fees.
3
B, If the Ptrbl e- erles Community Services Director determines that the application is
incomplete, the applicant will be notified regarding what is needed to complete the
application. If an incomplete application is returned more than two (2) times, additional
application fees may be required.
C. Once it is determined that the application is complete, the application materials will be
reviewed by City staff for technical compliance with applicable Code provisions and
notify the applicant of any deficiencies prior to the application being scheduled for review
by the Land Use and Development Commission at a scheduled meeting.
D, Once it is determined that the application is complete, the Pub i Community
Services Director will place a sign (or signs) on the subject tract to provide notice to the
public of the proposed subdivision.
E. Pursuant to section 67-6521, Idaho Code, any affected person may, if no public hearing
has been held, petition the commission in writing to hold a public hearing. Unless the
same section of Idaho Code requires that a public hearing be held, the decision as to
whether or not to hold a hearing shall be at the discretion of the Chair of the commission
after discussing the petition with the City's legal counsel and the ,pub ie Woil
Community Services Director. In those instances where a hearing is held, notice shall be
given pursuant to requirements of Idaho Code 67-6512.
As a requirement for consideration and action, any written petition by an affected person
shall be submitted to the Publie We Un Community Services Director not less than seven
(7) calendar days prior to the commission meeting in which the application will be
reviewed in order for the petition to be considered, Any petition not submitted in a timely
manner shall be barred from consideration. Petitions shall include the names and
addresses of the petitioners and a narrative describing the petitioners`s concerns with the
application as they specifically pertain to the preliminary plat review criteria as found in
subsection 17.12.100B of this chapter and describing how the proposal affects their
interests.
F. Representatives from the following City departments and affected agencies shall be given
the opportunity to review the plat and to provide comments:
1. City staff shall review the preliminary plat for the following:
a. Basic street plans such as proposed right-of-way width, curb, gutter and
sidewalk location and width, and planter strips.
b. Basic public utility plan.
c. The proposed subdivision does not impede the future extension of
streets and/or utilities to adjacent lands or recreational access to public
lands.
d. Grading and drainage control measures sufficient to demonstrate
treatment and disposal methods and location.
4
e. Sewage disposal.
f. Culinary and irrigation water supply.
g. New streets and traffic impacts on existing roadways.
I Review of environmental impacts including, but not limited to, erosion
and storm drainage.
i. Consistency with applicable Zoning and Development Codes.
j. Preliminary consideration, if improvements and/or land are to be held in
common ownership, of covenants and an association for the
maintenance of said commonly held improvements and/or land.
2. City Legal Department shall review applicable legal issues.
3. The City Fire Department shall review existing and proposed hydrant placement,
fire apparatus access routes, design and location of required turnaround area(s)
for developments. Additionally construction standards for structures will he
reviewed with applicable building permit applications.
4. Southeast Idaho Public Health for an opportunity to review on- site water and
sewage disposal, if applicable.
5. School District 25 officials for an opportunity to review for impacts to school
facilities.
6. Idaho Transportation Department for an opportunity to review when the land
abuts a State controlled roadway, for review of right-of-way, access drives, and
intersection design.
7. Affected public utility providers.
8. United States Post Office.
9. Bannock Transportation Planning Organization for an opportunity to review for
conformance to vehicle, bicycle, and pedestrian plans.
10. Any other agencies or groups deemed appropriate by the Elie We
Community Services Director.
G. The reviewing representatives/departments shall have ten (10) oglebusiness days
from the date that notice is provided to transmit their recommendations in writing to the
PubK6 W s Community Services Director. If no written comments are submitted by
the required date, it shall be noted for commission review that there are no City or agency
concerns given to the City regarding the proposed subdivision.
5
H, Following the end of the ten (10) day review and comment period, if the Publ s I'I' �r
Community Services Director determines that changes are needed, the
Community Services Director shall notify the applicant of such needs. If the applicant
decides to make the changes, a corrected submission must be received and reviewed for
conformance at least ten (10) calendar days prior to the commission meeting at which the
application will be reviewed. If the applicant determines to not make the requested
changes, the D• blie Works Community Services Director shall proceed with the process
and the applicant shall be notified that failure to make the changes may result in a
recommendation for denial,
The t
Public z�� -or4 Community Services Director will prepare a written report for the
Land Use and Development Commission. The report will contain an evaluation of
compliance with applicable ordinance provisions along with all comments resulting from
the preliminary plat review process. (Ord. 773, 2018)
7i�[s� @ .0�:� 1y���h.+� W
Following receipt of the commission's recommendation regarding a preliminary plat, the Publi
Works Community Services Director shall place the item on the Council's agenda for the next
Council meeting. The Council shall consider the record and the recommendation of the
commission and determine whether to approve or disapprove the preliminary plat. If the
preliminary plat conforms to requirements of subsection 17.12.100B of this chapter, or may
conform with conditions of approval which are agreeable to the applicant, or their representative,
the Council shall approve the preliminary plat. The Council shall enter in the minutes of its meeting
the findings upon which its decision is based.
Pursuant to section 67-6521, Idaho Code, any affected person may, if no public hearing has been
held, petition the Council in writing to hold a public hearing. Unless the same section of Idaho
Code requires that a public hearing be held, the decision as to whether or not to hold a hearing
shall be at the discretion of the Mayor after discussing the petition with the City's legal counsel
and the Publ a Works Community Services Director. In those instances where a hearing is held,
notice shall be given pursuant to requirements of Idaho Code 67-6512.
As a requirement for consideration and action, any written petition by an affected person for a
hearing shall be submitted to the Peel e grew Community Services Director not less than seven
(7) calendar days prior to the Council meeting in which the application will be reviewed in order
for the petition to be considered. Any petition not submitted in a timely manner shall be barred
from consideration. Petitions shall include the names and addresses of the petitioners and a
narrative describing the petitioners's concerns with the application as they specifically pertain to
the preliminary plat review criteria as found in subsection 17.12.100E of this chapter and
describing how the proposal affects their interests. (Ord. 773, 2018)
17.12.200: COPIES TO BE SUBMITTED:
Following approval of the preliminary plat, and within the time period during which such approval
is effective, the developer shall cause the development to be surveyed and shall submit to the
Pie W Community Services Director, one electronic document in PDF format of a final
0
plat and supporting documents. Supporting documents shall include, without limitation,
construction drawings. The final plat and supporting documents shall reflect the format and contain
the information set forth in sections 17.12.270 through 17.12.320 of this chapter. If improvements
and/or land are to be held in common ownership, the applicant shall also submit covenants,
conditions, and restrictions along with documents which would create an entity or homeowners
association which provide for the preservation and maintenance of said commonly held
improvements and/or land. (Ord. 773, 2018)
17.12.210: PLACED ON AGENDA OF MEETING:
The n„ blie zxr,,rk Community Services Director shall cause the final plat and documents to be
placed on the agenda of the meeting of the City Council after the final plat is submitted and deemed
complete and to substantially conform by the. Publ e Warks Community Services Director. (Ord.
773, 2018)
17.12.220: REVIEW PROCEDURE:
After having been prepared in accordance with Idaho Code title 50, chapter 13, and the
requirements set forth under this title, the final plat application shall be submitted to the fills
Weiks Community Services, Director within the twelve (12) months validity period set forth in
section 17.12. 130 of this chapter. The final plat shall be in substantial conformance to the approved
preliminaiy plat.
A. Unless changes made directly reflect specific conditions or approvals of the City Council,
a final plat fails substantial confonnity if any of the following occur:
1, The number of lots has increased or a significant change in the configuration of
lots.
2. Street alignment has changed significantly.
3. Additional streets are proposed.
4. A significant change, more than ten percent (10%), in the size or location of open
. space whether public or private.
5. Other proposed changes which may have affected the reviewed preliminary plat.
B. The Public Work Community Services Director will review the final plat application for
substantial conformity.
1. If the final plat application is not in substantial conformance, the final plat
application will be considered incomplete and returned to the applicant. if an
incomplete application is returned more than two (2) times, additional application
fees shall be required.
7
2. If the applicant desires to make changes affecting the substantial conformity of
the final plat, then the plat application will be required to be resubmitted pursuant
to the preliminary plat provisions of this title. The resubmittal of a preliminary
plat will require the applicant to submit a new application fee according to the
application fee schedule. (Ord. 773, 2018)
17.12.230: APPROVAL; CONFORMANCE REQUIRED:
At its regular meeting, the City Council shall approve the final plat if the final plat and supporting
documents substantially conform to the preliminary plat previously approved, If the final plat is
not approved by the Council, the developer may undertake either of the alternatives specified in
subsection 17.12.22013 of this chapter. The Council shall enter the reasons for rejecting the final
plat, in the minutes of its meeting.
Pursuant to section 67-6521, Idaho Code, any affected person may, if no public hearing has been
held, petition the Council in writing to hold a public hearing. Unless the same section of Idaho
Code requires that a public hearing be held, the decision as to whether or not to hold a hearing
shall be at the discretion of the Mayor and City Council after discussing the petition with the City's
legal counsel and the Publie Wed Community_ Services Director. In those instances where a
hearing is held, notice shall be given pursuant to requirements of Idaho Code 67-6512.
As a requirement for consideration and action, any written petition by an affected person for a
hearing shall be submitted to the Publie Worl Community Services Director not less than seven
(7) calendar days prior to the Council meeting in which the application will be reviewed in order
for the petition to be considered. Any petition not submitted in a timely manner shall be barred
from consideration. Petitions shall include the names and addresses of the petitioners and a
narrative describing the petitioners's concerns with the application as they specifically pertain to
the final plat review criteria as found in section 17.12.220 of this chapter and describing how the
proposal affects their interests. (Ord. 773, 2018)
17.12.300: DESCRIPTIVE DATA REQUIRED:
Descriptive data required shall be as follows:
A. Name, right-of-way lines, courses, lengths, width of all streets, alleys, crosswalks, and
utility easements; radii, points of tangency, and central angles of all curvilinear streets
and alleys, radii of all rounded street line intersections;
B. All drainageways shall be shown on the plat. The rights-of-way of all major
drainageways, as designated by Publ:iWor Community Services Director, shall be
dedicated to the public;
C. All easements for rights-of-way provided for public services or utilities and any
limitations of the easements;
D. Location and all dimensions of all lots;
E. All lots shall be identified by consecutive numbers throughout the plat. "Exceptions",
"tracts", and "private parks" shall be so designated, lettered, or named and clearly
dimensioned;
F. Location, dimensions, bearings, radii, arcs, and central angles of all areas to be dedicated
to the public, will be clearly indicated and intended use specified. Each such area shall
be labeled on the plat as "dedicated';
G. Attachment of any proposed private deed restrictions or restrictive covenants (including
restrictions concerning livestock if any of the lots are 20,000 square feet or larger as
provided in sections 9.20.080 and 9.20.090 of this Code) to be imposed upon the plat or
any parts thereof pertaining to the intended use of the land. (Ord. 754, 2016)
Section 3. Amended Chapter 17.16. Section 17.16.060 of Chapter 17.16 are hereby
amended as follows:
17.16,060: INSPECTION AND DRAWINGS REQUIRED PRIOR TO ACCEPTANCE:
No dedication shall be accepted until all included structures or improvements to be dedicated have
been inspected by the e4y public wors Community Services -d Director or the director's designee
and the city has been furnished a complete set of "as built" drawings, certified by an engineer
licensed in the state, containing such information as the p.u1,1�+c�v�vrer—k Community Services director
may reasonably prescribe. (Ord. 754, 2016)
Section 4. Amended Chapter 1.7.24. Section 17.24.040 of Chapter 17.24 is hereby
amended as follows:
17.24.040: DEFINITIONS:
APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or
other official act of a governmental entity.
BUILDING PERMIT: An official document or certificate by that name issued by the City
authorizing the construction or siting of any building.
CAPITAL IMPROVEMENTS: Improvements with a useful life of ten (10) years or more, by new
construction or other action, which increase the service capacity of a public facility.
CAPITAL IMPROVEMENTS ELEMENT: A component of a comprehensive plan adopted
pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital
improvements plan pursuant to this chapter.
CAPITAL IMPROVEMENTS PLAN: A plan adopted piwsuant to this chapter that identifies
capital improvements for which impact fees may be used as a funding source.
E
CITY: The City of Chubbuck, Idaho.
CITY COUNCIL: The legislative body of the City of Chubbuck, Idaho.
DEVELOPER: Any person or legal entity undertaking development, including a party that
undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code
and this title.
DEVELOPMENT: Any construction or installation of a building or structure, or any change in use
of a building or structure, or any change in the use, character or appearance of land, which creates
additional demand and need for public facilities or the subdivision of property that would permit
any change in the use, character or appearance of land. As used in this chapter, "development"
shall not include activities that would otherwise be subject to payment of the development impact
fee if such activities are undertaken by a taxing district, as defined in section 63-201, Idaho Code,
in the course of carrying out the taxing district's public responsibilities, unless the adopted impact
fee ordinance expressly includes taxing districts as being subject to development impact fees.
DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which
authorizes the commencement of a development.
DEVELOPMENT IMPACT FEE: See definition of impact fee.
DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other
governmental action approving or authorizing a particular development including, without
limitation, a rezoning, which development requirement compels the payrnent, dedication or
contribution of goods, services, land and/or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged, designed
or used as living and/or sleeping quarters for one or more persons. Dwelling unit includes a multi-
family building, a mobile home, a manufactured home, a modular building and/or a
motel/hotel/rooming house.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: result
in the need for system improvements, the cost of which will significantly exceed the sum of the
impact fees to be generated from the project; or the sum agreed to be paid pursuant to a
development agreement as allowed by section 67-$214(2), Idaho Code, or result in the need for
system improvements that are not identified in the capital improvements plan.
FEE ADMINISTRATOR: The Nblie Weri.n Community Services Director or the D'irector's
designee.
10
FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor
in interest.
GOVERNMENTAL ENTITY: Any unit of local government that is empowered by section 67-
8201 et seq., Idaho Code, to adopt an impact fee ordinance.
IMPACT FEE: A payment of money imposed as a condition of development approval to pay for
a proportionate share of the cost of system improvements needed to serve development. The term
does not include a charge or fee to pay the administrative, plan review or inspection costs
associated with permits required for development; connection or hookup charges; availability
charges for drainage, sewer, water, or transportation charges for services provided directly to the
development; or amounts collected from a developer in a transaction in which the City has incurred
expenses in constructing capital improvements for the development if the owner or developer has
agreed to be financially responsible for the construction or installation of the capital improvements,
unless a written agreement is made pursuant to section 67-8209(4), Idaho Code, for credit or
reimbursement.
IMPACT FEE STUDY: The documents entitled:
Police Capital Improvement Pian and Impact Fee Analysis, and Emergency Services Capital
Improvement Plan and Impact Fee Analysis dated September, 2018, prepared by Zions Public
Finance for the City.
LAND USE ASSUMPTIONS: A description of the service area and projections of land uses,
densities, intensities, and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service
demand for public facilities.
MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile home
construction and safety standards, transportable in one or more sections, which, in the traveling
mode, is eight feet (8) or more in width or is forty (40) body feet or more in length, or when
erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein, except that such term shall include any structure which meets
all the requirements of this definition except the size requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of Housing and Urban
Development and complies with the standards established under 42 USC 5401 et seq. The
definition in this chapter of a manufactured home shall have no application to the definition of a
production building in title 1.8 of this Code.
MODULAR BUILDING: Is defined in section 39-4301, Idaho Code, and means any building or
building component, other than a manufactured or mobile home, which is of closed construction
and is either entirely or substantially prefabricated or assembled at a place other than the building
site.
11
MULTI -FAMILY: A building or portion thereof, containing two (2) or more dwelling units,
excluding attached single-family townhouse units located on individual lots.
OWNER: The person holding legal title to real property, including the local, State or Federal
government or any subdivision. thereof.
PERSON: An individual, corporation, governmental agency, business trust, estate, partnership,
association, two (2) or more persons having a joint or common interest, or any other entity.
PRESENT VALUE: The total current monetary value of past, present or filture payments,
contributions or dedications of goods, services, materials, construction or money.
PROJECT: A particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to
provide service for a project and that are necessary for the use and convenience of the occupants
or users of the project.
PROPORTIONATE SHARE: That portion of the cost of systern improvements determined
pursuant to section 67-8207, Idaho Code, and this title, which reasonably relates to the service
demands and needs for public facilities of a project.
PUBLIC FACILITY:
A. Water supply production, treatment, storage and distribution facilities;
B. Wastewater collection, treatment and disposal facilities;
C. Roads, streets and bridges, including rights- of -way, traffic signals, landscaping and any
local components of State or Federal highways;
D. Stormwater collection, retention, detention, treatment and disposal facilities, flood
control facilities, and bank and shore protection and enhancement improvements; and
E. Public safety facilities, including law enforcement, emergency services, emergency
medical and rescue and street lighting facilities.
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary quarters for
recreational, camping, or travel use, which either has its own motive power or is mounted on or
drawn by another vehicle.
SERVICE AREA: Any defined geographic area identified by a governmental entity or by
intergovernmental agreement in which specific public facilities provide service to development
within the area defined, on the basis of sound planning or engineering principles or both.
12
SERVICE UNIT: A standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calculated in accordance with generally accepted
engineering or planning standards for a particular category of capital improvements.
SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact
fee is paid or a credit is approved pursuant to the terms of this chapter.
SYSTEM IMPROVEMENT COSTS: Costs incurred for construction or reconstruction of system
improvements, including design, acquisition, engineering and other costs attributable thereto, and
also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code,
to provide additional public facilities needed to serve new development. For clarification, system
improvement costs do not include;
A. Construction, acquisition or expansion of public facilities other than capital
improvements identified in the capital improvements plan;
B. Repair, operation or maintenance of existing or new capital improvements;
C. Upgrading, updating, expanding or replacing existing capital improvements to serve
existing developments in order to meet stricter safety, efficiency, environmental or
regulatory standards;
D. Upgrading, updating, expanding or replacing existing capital improvements to provide
better service to existing development;
E. Administrative and operating costs of the governmental entity unless such costs are
attributable to development of the capital improvements plan, as provided in section 67-
8208, Idaho Code; or
F. Principal payments and interest or other finance charges on bonds or other indebtedness
except financial obligations issued by or on behalf of the governmental entity to finance
capital improvements identified in the capital improvements plan.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements
to public facilities that are designed to provide service to a service area including, without
limitation, the type of improvements the City has the authority to make as described in section 50-
1703, Idaho Code. (Ord. 783, 2019)
Section 5, Amended Chapter 17.28, Section 17.2$.040 of Chapter 17.28 is hereby
amended as follows: T
17.28.040: DEFINITIONS:
APPROPRIATE: To legally obligate by contract or otherwise commit to use by appropriation or
other official act of a governmental entity.
BUILDING PERMIT: An official document or certificate by that name issued by the City
authorizing the construction or siting of any building.
13
CAPITAL IMPROVEMENTS: Improvements with a useful life of ten {10) years or more, by new
construction or other action, which increase the service capacity of a public facility.
CAPITAL IMPROVEMENTS ELEMENT: A component of a comprehensive plan adopted
pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital
improvements plan pursuant to this chapter.
CAPITAL IMPROVEMENTS PLAN: A plan adopted pursuant to this chapter that identifies
capital improvements for which impact fees may be used as a funding source.
CITY: The City of Chubbuck, Idaho.
CITY COUNCIL: The Legislative Body of the City of Chubbuck, Idaho.
DEVELOPER: Any person or legal entity undertalcing development, including a party that
undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code
and this title.
DEVELOPMENT: Any construction or installation of a building or structure, or any change in use
of a building or structure, or any change in the use, character or appearance of land, which creates
additional demand and need for public facilities or the subdivision of property that would permit
any change in the use, character or appearance of land. As used in this chapter, "development"
shall not include activities that would otherwise be subject to payment of the development impact
fee if such activities are undertaken by a taxing district, as defined in section 63-201, Idaho Code,
in the course of carrying out the taxing district's public responsibilities, unless the adopted Impact
Fee Ordinance expressly includes taxing districts as being subject to development impact fees.
DEVELOPMENT APPROVAL: Any written authorization from a governmental entity which
authorizes the commencement of a development.
DEVELOPMENT IMPACT FEE: See definition of impact fee.
DEVELOPMENT REQUIREMENT: A requirement attached to a development approval or other
governmental action approving or authorizing a particular development including, without
limitation, a rezoning, which development requirement compels the payment, dedication or
contribution of goods, services, land and/or money as a condition of approval.
DWELLING UNIT: A building or portion of a building designed for or whose primary purpose is
for residential occupancy, and which consists of one or more rooms which are arranged, designed
or used as living and/or sleeping quarters for one or more persons. Dwelling unit includes a multi-
family building, a mobile home, a manufactured home, a modular building and/or a
motel/hotel/rooming house.
EXTRAORDINARY COSTS: Those costs incurred as a result of extraordinary impact.
14
EXTRAORDINARY IMPACT: An impact which is reasonably determined by the City to: result
in the need for system improvements, the cost of which will significantly exceed the sum of the
impact fees to be generated from the project; or the sum agreed to be paid pursuant to a
development agreement as allowed by section 67-8214(2), Idaho Code, or result in the need for
system improvements that are not identified in the capital improvements plan.
FEE ADMINISTRATOR: The Pub,' Community „Services Director or the Director's
designee.
FEE PAYER: A person who pays or is required to pay an impact fee or the fee payer's successor
in interest.
GOVERNMENTAL ENTITY: Any unit of local government that is empowered by section 57-
8201 et seq., Idaho Code, to adopt an Impact Fee Ordinance.
IMPACT FEE: A payment of money imposed as a condition of development approval to pay for
a proportionate share of the cost of system improvements needed to serve development. The term
does not include a charge or fee to pay the administrative, plan review or inspection costs
associated with permits required for development; connection or hookup charges; availability
charges for drainage, sewer, water, or transportation charges for services provided directly to the
development; or amounts collected from a developer in a transaction in which the City has incurred
expenses in constructing capital improvements for the development if the owner or developer has
agreed to be financially responsible for the construction or installation of the capital improvements,
unless a written agreement is made pursuant to section 67-8209(3), Idaho Code, for credit or
reimbursement.
IMPACT FEE STUDY: The document entitled Parks and Recreation Capital Improvement Plan
and Impact Fee Analysis dated September, 2018, prepared by Zions Public Finance for the City.
LAND USE ASSUMPTIONS: A description of the service area and projections of land uses,
densities, intensities, and population in the service area over at least a twenty (20) year period.
LEVEL OF SERVICE: A measure of the relationship between service capacity and service
demand for public facilities.
MANUFACTURED HOME: A structure, constructed according to HUD/FHA mobile home
construction and safety standards, transportable in one or more sections, which, in the traveling
mode, is eight feet (8) or more in width or is forty (40) body feet or more in length, or when
erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained therein, except that such term shall include any stricture which meets
all the requirements of this definition except the size requirements and with respect to which the
1S
manufacturer voluntarily files a certification required by the Secretary of Housing and Urban
Development and complies with the standards established under 42 USC 5401 et seq. The
definition in this chapter of a manufactured home shall have no application to the definition of a
production building in title 18 of this Code.
MODULAR BUILDING: Is defined in section 39-4301, Idaho Code, and means any building or
building component, other than a manufactured or mobile home, Which is of closed construction
and is either entirely or substantially prefabricated or assembled at a place other than the building
site. Section 67-8203(19), Idaho Code.
MULTI -FAMILY: A building or portion thereof, containing two (2) or more dwelling units,
excluding attached single-family townhouse units located on individual lots.
OWNER: The person holding legal title to real property, including the local, State or Federal
government or any subdivision thereof.
PERSON: An .individual, corporation, governmental agency, business trust, estate, partnership,
association, two (2) or more persons having a joint or common interest, or any other entity.
PRESENT VALUE: The total current monetary value of past, present or future payments,
contributions or dedications of goods, services, materials, construction or money.
PROJECT: A particular development on an identified parcel of land.
PROJECT IMPROVEMENTS: Site improvements and facilities that are planned and designed to
provide service for a project and that are necessary for the use and convenience of the occupants
or users of the project.
PROPORTIONATE SHARE: That portion of the cost of system improvements determined
pursuant to section 67-8207, Idaho Code, and this title, which reasonably relates to the service
demands and needs for public facilities of a project.
PUBLIC FACILITY:
A. Water supply production, treatment, storage and distribution facilities;
B. Wastewater collection, treatment and disposal facilities;
C. Roads, streets and bridges, including rights- of -way, traffic signals, landscaping and any
local components of State or Federal highways;
D. Stormwater collection, retention, detention, treatment and disposal facilities, flood
control facilities, and bank and shore protection and enhancement improvements;
E. Parks, open space and recreation areas, and related capital improvements; and
F. Public safety facilities, including law enforcement, emergency services, emergency
medical and rescue and street lighting facilities.
16
RECREATIONAL VEHICLE: A vehicular type unit primarily designed as temporary quarters for
recreational, camping, or travel use, which either has its own motive power or is mounted on or
drawn by another vehicle.
SERVICE AREA: Any defined geographic area identified by a governmental entity or by
intergovernmental agreement in which specific public facilities provide service to development
within the area defined, on the basis of sound planning or engineering principles or both.
SERVICE UNIT: A standardized measure of consumption, use, generation or discharge
attributable to an individual unit of development calculated in accordance with generally accepted
engineering or planning standards for a particular category of capital improvements.
SUCCESSOR IN INTEREST: A person who gains legal title in real property for which an impact
fee is paid or a credit is approved pursuant to the terms of this chapter.
SYSTEM IMPROVEMENT COSTS: Costs incurred for constriction or reconstruction of system
improvements, including design, acquisition, engineering and other costs attributable thereto, and
also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code,
to provide additional public facilities needed to serve new development. For clarification, system
improvement costs do not include:
A. Construction, acquisition or expansion of public facilities other than capital
improvements identified in the capital improvements plan;
B. Repair, operation or maintenance of existing or new capital improvements;
C. Upgrading, updating, expanding or replacing existing capital improvements to serve
existing developments in order to meet stricter safety, efficiency, environmental or
regulatory standards;
D. Upgrading, updating, expanding or replacing existing capital improvements to provide
better service to existing development;
E. Administrative and operating costs of the governmental entity unless such costs are
attributable to development of the capital improvements plan, as provided in section 67-
8208, Idaho Code; or
F. Principal payments and interest or other finance charges on bonds or other indebtedness
except financial obligations issued by or on behalf of the governmental entity to finance
capital improvements identified in the capital improvements plan.
SYSTEM IMPROVEMENTS: In contrast to project improvements, means capital improvements
to public facilities that are designed to provide service to a service area including, without
limitation, the type of improvements the City has the authority to make as described in section 50-
1703, Idaho Code. (Ord. 804, 2019)
17
Section 6. Amended Chapter 1.8.06. Section 18.05.085 of Chapter 18.06 is hereby
adopted:
18.06.085: COMMUNITY SERVICES DIRECTOR (CSD)
"Community Services Director" as used in this Cha ter means the individual em Io ed b the
City of Chubbuck who oversees the Community Services Department, or their desigLice.
Section 7. _Amended Chapter 18.08. Sections 18.08.030 and 18.08.044 of Chapter 18.08
are hereby amended as follows:
18.08.030: GENERAL CONTROLS BY DISTRICT:
A. The general controls for each district set forth by this title shall be the minimum
regulations and shall apply uniformly to each class or kind of structure or land, except as
hereinafter provided:
1. No structure or land shall be used or occupied and no structure or part thereof
shall be erected, constructed, reconstructed, moved or structurally altered except
in conformity with all of the regulations herein specified for the district in which
it is located and in conformity with all other applicable laws, codes or regulations.
2. No building or other structure shall be erected or altered to:
a. Provide for greater height or bulk;
b. Accommodate or house a greater number of families;
c. Occupy a greater percentage of lot area;
d. Have narrower or smaller rear yards, front yards, side yards or other
open spaces, other than as herein provided, or any other manner be
contrary to the provisions of this title.
3. No side yards in a lot within A, R-1 or R-2 Districts, which are improved by an
inhabitable stricture at the time of passage of this title, shall be reduced in width
below five feet (5'). Areas and dimensions of all other lots and yards shall meet
at least the minimum requirements set forth herein.
B. General controls by district shall be as set forth in the schedule below. Specific uses are
permitted where indicated in the schedules by the letter "P"; provided, however, that the
City building efflei Community Services Director or the Design Review Committee
may, in accordance with the procedures set forth in subsection C of this section, require
the issuance of a conditional use permit prior to allowing such use. Where the letter "C"
appears, it denotes a use allowed in the district in question only upon issuance of a
conditional use permit as herein provided: An "X" indicates that the use is neither allowed
nor conditionally permitted. Any proposed use which is not specifically mentioned in the
schedule below, is neither allowed nor conditionally permitted in residential land use
districts, but is permitted in all other land use districts unless the f ity building e ffle: ,1
Community Services Director or Design Review Committee determine, in accordance
with the procedures set forth in subsection. C of this section, that such use should only be
allowed upon the issuance of a conditional use permit.
C. The C:t.. btii . iag o ffie a Community Services Director in reviewing an application for
a building permit, and the Design Review Committee, in reviewing an application for
M.
design review clearance, may determine that a particular land use, although designated
in the schedule of general controls as a permitted use, should be allowed only upon the
issuance of,a conditional use permit. In making this determination, the City b-ui di"
e€fe-ial Community Services Director and Design Review Committee shall rely upon the
criteria and standards set forth in subsection 18.28,040C of this title. If a conditional use
permit is required, the applicant shall immediately thereafter be notified of this
determination and shall be advised of the procedures governing the Land Use and
Development Commission's consideration of an application for a conditional use permit.
D. When several combined land uses exist or are proposed, the most intensive land use shall
be considered the primary activity for a development application. All nonprimary
activities or uses outside a planned unit development as set forth in chapter 18.20 of this
title or a creative community as set forth in chapter 18.21 of this title, shall only be
allowed in accordance with the schedule of general controls, unless the same constitutes
subordinate uses which are customarily incidental to and located on the same lot or in the
same building as the primary activity or use.
E. Any reference in the schedule of general controls to a use as conditionally permitted does
not constitute a finding or declaration by the City Council that such use would necessarily
be consistent with the comprehensive plan of the City, The Land Use and Development
Commission and City Council shall not approve an application for a conditional use
permit for a particular proposed use unless such proposed use is found to be consistent
with the comprehensive plan and conforms to the criteria set forth in section 18.28.050
of this title, (Ord. 755,2016; amd. Ord. 825, 2021)
18.08.044: SCHEDULE OF GENERAL CONTROLS; LOT DEPTH TO WIDTH RATIO:
The maximum ratio of lot width to lot depth shall be:
Zone.
Ratio
A
1:5
R-11
1:2
R-21
1:2
R -2P 1
1:2
R-3
1:3
R-4
1:3
C-1
1:5
C-2
1:5
I
1:5
Note:
1. Lots in excess of 114 acre; lots 114 acre or under, no applicable ratio.
19
The lot depth is measured at the farthest point the rear lot line is from the front lot line. The lot
width is measured at the point of the front yard setback, and, in the case of a corner lot, the shortest
line of the two (2) sides bordering a street shall be used. For tracts that are on hillsides, irregularly
shaped, or that have unusual conditions, drainage, easements or other such matters, which may
make these ratios unworkable, the eity building affiOal Community Services Director and other
applicable city, officials shall work with the owner to devise a plan for such a lot that is workable.
Any deviations from the above ratios shall be subject to approval by the land use and development
commission either at the preliminary plat stage or upon special application to the commission.
(Ord. 755, 2016)
Section S. Amended Chapter 18.12. Sections 18.12.020, 18.12.030, and 18.12.040 of
Chapter 18.12 are hereby amended as follows:
18.12.020: SUPPLEMENTAL YARD, HEIGHT AND USE CONTROLS:
A. Visibility At Intersections: On a corner lot it shall be the responsibility of the owner of real
property to remove from property any hedge, shrubbery, fence, wall or other sight
obstructions of any nature except buildings where these sight obstructions constitute a
traffic hazard. No owner shall erect, place, plant or allow any object to be so put so as to
constitute a sight obstruction. The above sight obstructions shall not extend more than three
feet (3') in height above the existing centerline road elevation within the vision triangle of
vehicle operators. The boundaries of the vision triangle being defined by measuring from
the intersection -of the edges of two (2) adjacent roadways forty feet (40') along each
roadway and connecting the two (2) points with a straight line. The sight distance
obstruction is also applicable to railroad -highway grade crossings with the vision triangle
defined by measuring forty feet (40) along the railroad property line.
B. Yard Requirements For Multi -Household Dwellings: A multi- household dwelling shall be
considered as one structure for the purposes of determining front, side and rear yard
requirements. The entire group as a unit shall require one front, one rear and two (2) side
yards as specified for dwellings in the appropriate district.
C. Side And Rear Yard Requirements For Nonresidential Uses Abutting Residential Districts:
Nonresidential structures or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district, except.
The minimum yard requirements may be reduced to fifty percent (50%) of the
requirement if acceptable landscaping or screening or combination thereof is
provided. Such screening shall be a solid fence a minimum of six feet (6') in height
maintained in good condition and free of all advertising or other signs. Landscaping
provided in lieu of or in addition to such wall or fence shall be properly maintained
and shall, at a minimum, consist of a strip of land not less than twenty feet (20') in
width planted with an evergreen hedge or dense planting of evergreen shrubs not less
than four feet (4) in height at the time of planting. The landscaping and/or screening
needed to satisfy the requirements of this provision and reduce the minimum yard
requirements by fifty percent (50%) shall be determined in each case by the Wildin
20
ins-peeter or building offieW Communi Services Director, subject to review by the
land use and development commission and the city council; or
2. 1f the nonresidential structure or use is one that is a permitted use in a limited
commercial (C-1) zone, the setback shall be those set forth for a C-1 zone in
subsection 18.08.042A of this title. A conditional use permit for use in, a limited
commercial (C-1) zone may also specify such setbacks if deemed appropriate by the
commission for such use, given the surrounding uses in the area.
18.12.030; SUPPLEMENTAL CONTROLS FOR PARTICULAR USES:
A. Accessory Structures:
1. May not be located within: a) the front yard, and b) the minimum side yard setback
area required by section 18.08.042 of this title extended twenty feet (20') to the rear
of the principal structure.
2. Shall not be located closer than twenty feet (20) from any residential structure on
adjoining lands.
3. Consisting of railroad cars, truck trailers or vans, or production buildings formerly
used as a dwelling are excluded from all residential and agricultural districts and may
only be allowed in industrial and commercial districts upon issuance of a conditional
use permit.
4. Shipping containers, including containers used on oceangoing vessels and/or railcars
are generally excluded froxn all residential districts, except as provided herein, but
are allowed in agricultural, industrial and commercial districts upon issuance of a
conditional use permit and are permitted on a temporary basis without a conditional
use permit in industrial and general commercial districts for up to one hundred eighty
(180) days. Thebtii4difig effi Community Services Director may allow a shipping
container in any district, including a residential district, during construction for use
by the contractor and any subcontractors for the period of construction not to exceed
ninety (90) days. If the container(s) is in a rusted, blighted or deteriorated condition,
it shall not be allowed or, if already in place, sliall be removed, whether or not a
conditional use permit has been granted. A shipping container may be allowed in a
residential district for purposes of allowing household goods to be moved or stored
temporarily for a period not to exceed ninety (90) days; the above provisions for
rusted, blighted or containers in a deteriorating condition shall apply and containers
shall not block roadways or driveways.
B. Animal Care Sites:
1. Will be located at least three hundred feet (300) from any residence including motels
and hotels, except for an owner's residence, unless the animals are completely
21
housed in soundproof structures that completely screen thein from view of the
abutting residential property.
2. Will comply with all state and local regulations relative to such an operation and
maintain adequate housekeeping practices designed to prevent the creation of a
nuisance and to reduce to a minimum the factors of noise and odor.
C. Bulls Storage Of Flammable Liquids And Gases: Bulk storage of flammable liquids and
gases, above ground and for resale shall:
Be located at least three hundred feet (300') from a residential zone, a residence,
motel or hotel, except for an owner's residence.
2. Be erected subject to the approval of the fire chief, and in accordance with the
international fire code.
Have suitable loading and unloading spaces and off street parking facilities subject
to the approval of the fire chief.
D. Storage And Manufacturing Of Chemicals, Pesticides And Fertilizer: Chemicals,
pesticide and fertilizer storage and manufacturing activities shall have adequate fire
protection, storage areas, warning signs and handling and disposal practices as approved
by the fire chief and in accordance with the international fire code as adopted.
E. Drive -In Establishments: Drive-in establishments shall:
1. Be enclosed on the property line with maintained landscaping and fencing, except for
ingress and egress, to prevent trash from moving onto other properties.
2. Have a minimum six foot (6') high, solid fence along the property lines that adjoin
residential property or residentially zoned areas.
3. Provide for adequate trash receptacles.
4. Avoid the direction of night lighting toward any residence.
F. Pits, Rock Quarries, Saud And Clay Pits And Other Natural Resources Of Commercial
Value:
1. Upon depletion, the area shall be reclaimed and restored to its original appearance,
to the extent feasible, and in accordance with a reclamation plan approved by the land
22
use and development commission and city council and all temporary structures or
equipment shall be entirely removed from the property.
2. Safety fencing shall be erected around all pits that create a safety hazard.
G. Kennels:
1. Commercial kennels shall:
a, Be maintained in a separate cage, structure, dog run or kennel for the housing
and confinement of all dogs in such corrnnercial kemiel, which cage, structure,
dog run or kennel:
(1) Shall have aminimum area of fifteen (15) square feet for each clog
kept therein;
(2) Shall be located at least three hundred feet (300) from any
structure intended for human occupancy or use, except for the
owner's residence;
(3) Shall have such screening fence or structure as may be necessary
to confine the dogs and screen them from public views and from
views from abutting properties; and
(4) Shall contain facilities for the disposal of animal waste, other than
through the use of the city's garbage collection service, which
facility shall be maintained so as to prevent odors detectable from
public areas and abutting properties.
b. Comply with all other state and local regulations relative to such
operation, and shall be maintained to prevent noise or odors detectable
from public areas or abutting properties.
2. Dobby kennels shall:
a. Only be maintained upon a lot which has a minimum area of four thousand
(4,000) square feet for each dog kept on such lot, regardless of the number of
persons keeping or harboring dogs on such lot.
b. Be maintained in a separate cage, structure, dog run or kennel for the housing
and confinement of all dogs kept in such hobby kennel, which cage, structure,
dog run or kennel:
23
(1) Shall have a minimum area of fifteen (15) square feet for each dog
kept therein;
(2) Shall be located as far as possible from any structure intended for
human occupancy or use, except for the owner's residence;
(3) Shall, in any event, be located at least one hundred feet (100) from
any such str«.cture, except for the owner's residence;
(4) Shall have such screening fence or structures as may be necessary
to confine the dogs and screen them from views from abutting
properties; and
(5) Shall contain facilities for the disposal of animal waste, other than
through the use of the city's garbage collection service, which
facility shall be maintained so as to prevent odors detectable floor
public areas and abutting properties.
c. Comply with all other state and local regulations relative to such an operation.,
and shall be maintained to prevent noise or odors detectable from public areas
or abutting properties.
H. Outdoor Storage: Outdoor storage of commercial and industrial products or materials
shall:
1. Be enclosed by properly maintained screening fence or other structure sufficient to
screen the conYmercial and 'industrial materials from the view of existing adjoining
residential property or residentially zoned areas, whether or not such property is
separated by an alleyway or street.
2. Not be located in any front yard setback area.
I. Production Building Chaster Arrangement: Cluster arrangements are mandatory for class
III production buildings. The following standards shall apply to residential clusters, and
shall control in event of conflict with any other provision of this title:
1. The minimum area to be developed shall be two (2) acres.
2. The minimum number of spaces completed and ready for occupancy before first
occupancy is permitted shall be ten (10).
3. The intent of the clustered arrangement being for long term residential occupancy, no
space shall be rented for periods less than thirty (30) days.
24
4. Off street parking areas shall be provided at the rate of at least two (2) car spaces for
each dwelling.
5. Clusters shall be buffered against adjoining land uses in the same manner prescribed
for nonresidential uses adjacent to residential uses, in subsection 18. 12.020C of this
chapter.
6. There shall be at least twenty feet (20') between dwellings and at least twenty feet
(20') between an individual dwelling and any adjoining pavement areas of a park,
street, sidewalk, common parking area or other corn on area. There shall be at least
a twenty foot (20) rear yard for each dwelling on which an accessory building not to
exceed eighty (80) square feet shall be allowed. Notwithstanding the foregoing, for
any production building cluster arrangement in existence on January 1, 1999, the
front yard setback from the dwelling to any adjoining pavement areas of a park, street,
sidewalk, common parking area, or other common area shall not be less than ten feet
(10') and the rear yard setback shall have a minimm-n of twenty feet (20) between
dwellings with an accessory building allowed for each dwelling not to exceed eighty
(80) square feet each. Awnings open on three (3) sides shall be allowed as an
attachment to the side of a dwelling provided there is at least ten feet (10') from the
awning to the other dwelling or attachment to the dwelling on an adjoining area.
7. All improvements within the cluster arrangement including streets and utilities shall
be completed within two (2) years from the issuance of the conditional use permit.
8. The cluster arrangement shall be screened from adjoining property and streets by a
solid fence, with such additional landscaping as the city council may require.
9. The developer of a cluster arrangement shall be required to obtain design review
clearance for the overall development prior to obtaining a conditional use permit.
10. No cluster arrangement shall be allowed where access to the court is by a local, as
opposed to arterial or collector, street,
11. Signs shall not exceed nine (9) square feet. Under no circumstances may such signs
be of exposed neon or have any flashing or moving parts.
12. Each dwelling space shall be a ininimum of five thousand (5,000) square feet in area.
13. Each dwelling space shall contain no more than one production building and each
such building shall be a single-family dwelling.
14. Except as otherwise provided herein, the cluster arrangement shall meet all applicable
provisions of titles 16 and 17 of this code, as they may be amended.
25
The city council shall have the right in approving a production building cluster
arrangement under this section to impose any additional conditions, including increasing
the above standards and requiring the approval of operating and management standards,
which are found by the council necessary to the area where it is located,
J. Production Building Sales Office: Anything in this title to the contrary notwithstanding,
a production building sales site may use one class 1, class II or class III production
building as a sales office.
K. Riding Stables And Schools: Riding stables and schools shall:
1. Locate all stables or loafing sheds not nearer than three hundred feet (300') from any
residence, except for an owner's residence. All facilities shall be set back a distance
of thirty feet (30') from any property line.
2. Be designed and located with full consideration being given to their proximity to
adjacent uses and their effect upon adjacent and surrounding properties, as to the
storage of horse trailers and the factors of noise and odor.
3. Be required that the owner or operator of such use shall have a continuous obligation
to maintain adequate housekeeping practices to prevent the creation of a nuisance.
L. Vehicle Storage Sites: Vehicle storage sites shall:
1. Be enclosed by a properly maintained screening fence sufficient to beep vehicles on
the premises from public view and from the view of existing adjoining residential
property or residentially zoned areas, whether or not such property is separated by an
alleyway or street. Any screening fence constructed to satisfy this requirement shall
not exceed eight feet (S) in height, measured from the natural elevation of the land.
These requirements shall supplement other provisions of this title and, if another
provision also applies, the more restrictive shall control.
2. Be free of all weeds and other rank vegetable growth.
3. Not contain more than two (2) acres.
M. Vehicle Sales Sites: Vehicle sales sites shall be operated and maintained in compliance
with the following standards:
1. A minimum distance of three feet (3') shall be maintained between vehicles displayed
for sale,
2. No vehicles shall be parked within the dimension of a sight triangle defined ill
subsection l S.1 4.020F of this title.
26
3. Vehicles offered for sale shall be displayed in an orderly manner and be kept clean
and display an appearance of being operable. (Ord. 755,2016; and. Ord. 823, 2021)
18.12.040: MISCELLANEOUS SUPPLEMENTAL CONTROLS:
A. Conversion. Of Dwelling To More Units: A dwelling may not be converted to aecominodate
an increased number of household units unless:
1, The yard dimensions still meet the requirements herein for new structures in that
district.
2. The lot area per household equals the lot area requirements for new structures in that
district.
3. The conversion results in a qualified accessory dwelling unit in compliance with this
code,
4. The conversion is in compliance with all other relevant codes and ordinances.
B. Temporary Buildings: Temporary buildings, construction trailers, equipment and materials
used in conjunction with construction work only may be permitted in any district during
the period construction work is in progress, but such temporary facilities shall be removed
upon completion of the construction work.
C. Parking And Storage Of Certain Vehicles: Vehicles, campers or trailers of any kind or type
without current license plates shall not be parked or stored in any residential district other
than hi completely enclosed garages or carports. However, boats, travel trailers and
detached campers may be.stored in the side or rear yard.
D. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial
and multihousehold residential uses shall be enclosed on at least three (3) sides by a well
mau►tained solid wall or solid fence of at least five feet (5) in height or within an enclosed
building or structure, unless the trash and/or garbage is confined to a single residential
container. Adequate vehicular access to and from such area or areas for collection of trash
and/or garbage shall be provided.
E. Fences: Except where screen or buffer fences are otherwise required or authorized by this
title, a fence shall not exceed seven feet (T) in height; however, the building ing effi eia',
building Y eeter ey a designee of nyihff of +l,om Community Services Director may
authorize a fence height of tip to eight feet (8) based on a consideration of these factors:
1. Security need.
2. Type of commercial use bordering residential or residentially zoned area.
3. Aesthetics.
4. Surrounding property uses.
5. Fences in immediate area.
F. Obscuring Line Of Sight Vision Prohibited; No structure, fence, object or vegetation shall
be constructed, placed, allowed to grow or permitted to remain at any location where it
materially obscures line of sight vision from a street, vehicularway or driveway to any point
27
within forty feet (40') at intersecting street, and fifteen feet (15') at intersecting
vehicularways or driveways.
G. Dedicated Street Rights Of Way: No structure, fence or tree shall be constructed, placed,
allowed to grow or permitted to remain within any dedicated street right of way, regardless
of the width of the street. The property owner shall maintain any curb and sidewalk within
the right of way and shall keep the right of way clear of obstructions or other hazards.
H. Parking In Public Streets Or Rights Of Way: No persons living at a household in a
residential land use district shall keep and regularly and continuously park, in any public
street or right of way adjoining the premises where the household is located, more than one
motor vehicle per household. Additional motor vehicles and any campers, trailers, boats or
other vehicles shall be parked off the public street or right of way.
I. Density Restriction For Abutting Zero Lot Line Residences, Duplexes, Threeplexes And
Fourplexes: Exceptions allowing a greater percentage of structures than otherwise allowed
in a particular zone may be recommended by the Land use and development commission
and granted by the council upon notice and public hearing in accordance with section
18.28.020 of this title and consideration of the factors in subsection 18.28.040C of this title.
(Ord. 755,2016; amd. Ord. 823, 2021)
Section 9. Amended Cha ter 18.14. Section 18.14,020 of Chapter 18.14 is hereby
amended as follows:
18.14.020: LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFF
STREET PARKING AND OTHER VEHICULAR USE AREAS:
All areas used for the display or parking of any and all types of vehicles, boats or construction
equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon
which vehicles traverse the property as a function of the primary use of such property, hereinafter
referred to as "other vehicle uses", including, but not limited to, activities of a drive-in nature such
as filling stations, grocery and dairy stores, banks, restaurants and the like, shall conform to the
minimum landscaping requirements hereinafter provided, save and except areas used for parking
or other vehicular uses within buildings, and parking areas serving single houschold dwellings and
duplexes.
A. Installation: All landscaping shall be installed in a sound workmanlike manner and
according to accepted planting procedures with the quality of plant materials as
hereinafter described. All elements of landscaping shall be installed so as to meet all
other applicable ordinances and code requirements. The efty Nii1ding offleial Community
Services Director, or his ,.o,. .went., -m, shall inspect all landscaping and no certificates
of occupancy or similar authorization will be issued unless the landscaping meets the
requirements herein provided.
B. Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping. Landscaping shall be maintained in
afl
good condition so as to present a live, healthy, neat and orderly appearance and shall be
kept free from weeds, refuse and debris. All landscaped areas, except those utilizing
nonliving durable material, shall be provided with a readily available water supply with
an automated water conserving (or water efficient) delivery system designed to maximize
the benefit of water without waste. All dead trees and shrubs shall be removed and
replaced no later than June 30 of the following growing season.
C. Plant Material:
1. Quality: Plant material used to obtain compliance with this chapter shall be of a high
quality equivalent to that provided by local reputable nurseries.
2. Trees: Trees shall be species having an average mature spread of crown of greater
than fifteen feet (15'). Trees shall be not less than one to one and one-half inch (1112")
caliper size at time of planting; provided, all trees must be planted and staked, if
necessary, according to professional nursery standards. No tree or plant which may
cause damage to public roadways or sidewalks or which is regarded as a "trash" tree
or plant shall be planted. A list of accepted tree, shrub, and ground cover species shall
be maintained by the eity building efficial Community Services Director for review
by the public. Any other tree, shrub or ground cover species may be planted only
upon prior approval from the Community Services Director.
3. Hedges: Shrubs composing hedges shall be a minimum of two feet (2') in height when
measured immediately after planting. Hedges, where required, shall be planted and
maintained so as to form a continuous, unbroken, solid, visual screen within a
maximum of three (3) years after time of planting.
4. Shrubs: Shrubs shall be not less than a three (3) gallon size when planted.
D. Required Landscaping Adjacent To Public Rights Of Way: On the site of a building or
open lot use providing an off street parking area or other vehicular use area, where such
area will not be entirely screened visually by an intervening building or structure from
any abutting right of way, excluding dedicated alleys, there shall be provided landscaping
between such area and such right of way, as follows:
A strip of land at least ten feet (10') in depth located between the abutting right of
way and the off street parking area, other vehicular use area or structure and which is
exposed to an abutting right of way shall be landscaped, such landscaping to include
one tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located
between the abutting right of way and the off street parking area, other vehicular use
area or structure and shall be planted in a planting area of at least twenty five (25)
square feet with a dimension of at least ten feet (10'). The required landscaping shall
also include a hedge or a planting of at least one shrub for each five (5) linear feet of
N9
the landscaped area. The remainder of the required Iandscaped area shall be
landscaped with grass, ground cover, or other landscape treatment, excluding paving.
2. All property other than the required landscaped strip -lying between the right of way
and off street parking area or other vehicular use area shall be landscaped.
3. Necessary accessways from the public right of way through all such landscaping shall
be permitted to service the parking or other vehicular use areas and such accessways
may be subtracted from the linear dimension used to determine the number of trees
and shrubs required.
4. If landscaping is required under this section, the owner, in addition to the landscaping
required by the above provisions, shall landscape any areas within the street right of
way that is contiguous with owner's property line and not covered by pavement, curb,
gutter, sidewalk or other such improvements that cover the soil in such a way that
planting is not feasible.
E. Parking Area Interior Landscaping: Off street parking areas and other vehicular use areas
shall have interior landscaping covering at least five percent (5%) of the total parking lot
area for lots with ten (10) or more parking spaces. In addition, other vehicle use areas
shall have one square foot of interior landscaping for each one hundred (100) square feet
of paved area. Where the property contains both parking areas and other vehicle use
areas, the two (2) types of areas shall be treated separately for the purpose of determining
the required amount of landscaping. Each separate landscaped area shall contain a
minimurn of fifty (50) square feet and shall have a minimum dimension of at least five
feet (5'). The landscaped areas may be located so as to break up the expanse of paving or
may be located adjacent to any structures located on the property. One tree shall be
planted for every two hundred (200) square feet of interior landscaping. All remaining
land in the area designated for landscaping shall be covered by shrubs, ground cover or
other authorized landscaping material not to exceed three feet (3') in height. Plans
showing location, size and type of plant materials for landscaping in parking areas shall
be included in all applications for a building permit or design review clearance and
compliance with this chapter shall be a condition to the issuance of such a permit or
clearance.
F. Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of
Access.' When an accessway intersects a public right of way or when the subject property
abuts the intersection of two (2) or more public rights of way, all landscaping within the
triangular areas described below shall provide unobstructed cross visibility at a level
between three feet (3') and ten feet (10'); provided, however, trees or foliage extending
into the cross visibility area shall be allowed, provided, they are so located so as not to
create a traffic hazard. Landscaping except required grass or ground cover shall not be
located closer than three feet (3') from the edge of any accessway pavement. The
triangular areas above referred to are:
30
1. The areas of property on both sides of an accessway formed by the intersection of
each side of the accessway and the public right of way line with two (2) sides of each
triangle being fifteen feet (15') in length from the point of intersection of the edge of
roadway and accessway and the third side being a line connecting the ends of the two
(2) other sides.
2. The area of property located at a corner formed by the intersection of two (2) or more
public rights of way with two (2) sides of the triangular area being forty feet (40') in
length along the abutting public right of way lines, measured from their point of
intersection of the edge of roadway, and the third side being a line connecting the
ends of the other two (2) lines. (Ord. 755, 2016)
Section 10. Amended Chapter 18.16. Section 18.16.050 of Chapter 18.16 is hereby
amended as follows:
18.16.050: DESIGN REVIEW COMMITTEE:
The design review committee, for purposes of this title and titles 16 and 17 of this code, shall be
composed of the mayor, public works director, community services director, btfildifig affiial}fire
chief, city attorney, police chief and the chairman of the land use and development commission
or the chairman's designee. The city cleric shall be ex officio secretary of the committee. Any
decision by the committee is subject to review by the city council at the next city council
meeting, with notice to affected parties and an opportunity for the affected parties to explain their
position to the city council. The council may reverse, affirm or modify any decision of the
committee. The committee shall meet from time to time at the call of the city clerk. (Ord. 755,
2016)
Section 11. Amended Chapter 18.20. Sections 18.20.040, 18.20.050, and 18.20.070 of
Chapter 18.20 are hereby amended as follows:
18.20.040: PROCEDURE FOR APPROVAL OF A PUD:
PUDs are allowed in any area within the city; provided the following procedure is utilized and the
plan is approved by the City Council (hereinafter referred to as "Council") after appropriate public
hearing and review by the Land Use and Development Commission (hereinafter referred to as
"Commission"). In reviewing any PUD, the Commission and the Council shall take into account
the criteria and standards set forth in subsection 18.28.040.0 of this title.
A. Discretionary Powers: Following the spirit and purpose of this chapter, much greater
latitude is permitted than in conventional and traditional regulations for development
density and intensity. In consideration of the latitude given, the Commission and Council
shall have discretionary powers in judging and approving or disapproving the
imaginative or unique concepts, innovations, and designs which shall be incorporated
31
into the plans presented, provided that PUD shall conform to the general purposes and
objectives of the City of Chubbuck Comprehensive Plan.
B. Planning Conference: The developer shall meet with the perks Community
Services director in a Planning Conference as described in 17.12,020 to discuss
submission of a PUD zone and MDP application. The purpose of this meeting is to review
early and informally the purpose and effect of this title and the criteria and standards
contained herein, and to familiarize the developer with the Comprehensive Plan and land
use and development regulations,
C. Optional Sketch Plan Review: After holding a Planning Conference, and before applying
for a PUD zone and MDP, the developer may elect to present a sketch plan of the
proposed PUD to the Commission and Council for review and comment as business iterns
with each body. A sketch plan is not a formal PUD application, and comments or
feedback from the Commission and Council shall be non-binding. A PUD sketch plan
review shall include, at a minimum:
1. Items 1 and 3 from subsection D below,
2. For residential areas, the proposed density, number of units by type and
location, and the amenities, design, and other incentives allowing increased
density, and
3. For non-residential areas and land uses, the proposed uses by type and
location, height, parking, and open space variations, and the amenities,
design, and other incentives allowing greater intensity.
4. Topography and significant natural features on and adjacent to the property.
D. PUD Zone . And MDP: An application for a PUD zone and a MDP shall be filed
concurrently with the mower-ks Community Services director by a property owner or
person having existing interest in the property for which the PUD is proposed. Together
the applications shall follow the process and procedures described in 18.28 for a zoning
map amendment.
Application for an associated preliminary plat may be filed at the same time; procedures
for the plat shall follow the process and requirements as described in Title 17.
The PUD MDP application, as an addendum to the PUD zone application, shall contain
the following information:
32
1. Aerial image showing the site location, acreage, boundary, scale, and north
arrow, accompanied by a legal description of the property,
2. Concept plan/map of the PUD with proposed land use locations, concept for
open space, pathways, and amenities, and existing and proposed streets.
3. Proposed schedule and phasing plan for the development of the site, including
development of amenities, open space, and landscape features, and evidence
that the applicant can initiate the proposed development plan within two (2)
years,
a. Issuance of building permits may be delayed if the construction of
amenities, open space, and landscaping is not in substantial compliance
with the approved schedule and phasing plan.
b. Compliance and adjustments to the schedule and phasing plan for open
space and Iandscaping may be influenced by weather and seasons.
4. Existing features of the development site, including all transportation systems,
waterways, major utilities, easements, floodplain boundaries, topography,
structures, and major areas of woodlands or other native vegetation.
5. A design statement or manual with proposed design and architecture guidelines,
and architectural and special features to be included to qualify for increased
development intensity/density, per 18.20.060.13 and 18.20.070. Include
building elevations and heights, type and color of building materials with
emphasis on architectural design and aesthetic value, color renderings of
building materials and structures, landscape standards, and other architectural
features such as street furniture, public art, or site-specific sign standards.
Photographs of similar developments, whether developed by applicant or
others, may be provided.
6. For residential areas, the proposed density, number of units by type and
location, street pattern and lots, and the amenities and other incentives justifying
the request for increased density if desired. For non-residential areas and land
uses, the proposed intensity, justification for any proposed height increases,
parking and open space variations; approximate square footage, preliminary site
plans, and the amenities and other incentives allowing greater intensity.
7. Statement of eligibility of the project, per 18.20.030, including qualifications
for infill or downtown recognition.
8. Streetscape standards, and general landscaping plans for open space, pathways,
and recreation areas.
33
9. Requested deviations in zoning standards, per 18.20.060, including proposed
internal setbacks, and plans for perimeter transitions as described in 18.20.070
B. The MDP application shall be accompanied by a written statement by the
developer setting forth the reasons why, in his opinion, the PUD and associated
deviations from city zoning and street standards would be in the public interest.
10. Engineering feasibility studies and plans showing, as necessary, water, sewer,
irrigation, drainage, and waste disposal facilities; street improvements and
cross-sections if they differ from city standards. The plan shall show the
adequacy and suitability of the utilities and streets proposed to carry anticipated
loads, and 'increased densities will not be such as to overload the utility and
street networks outside the PUD.
11. Evidence of unified ownership or control.
12. Deed restrictions, protective covenants, CC&Rs, and other legal statements or
devices to be used to control the use, development, and maintenance of the land
and the improvements thereon, including those areas which are to be commonly
owned and maintained, and pads or lots yet to be developed whether privately
or commonly owned.
13. Any other appropriate supplementary information that may also be required by
the Pubh Wed Community Services Director.
14. Where any information required by this section is similar to information
required to be presented by the developer for a preliminary plat in compliance
with title 17 of this code or the PUD zone application, such information may be
utilized for both purposes. However, consideration and approval of a
subdivision shall occur by separate application, presentation, and action.
E. Approval Or Denial.
Within sixty (60) days after receipt of the application, the Commission shall
hold a public hearing and review the PUD Zone and MDP proposal, and
recommend to the Council whether the PUD Zone and the MDP be approved
as presented, approved with supplementary conditions or disapproved. The
Commission shall then transmit all files constituting the record and the
recommendation to the Council.
2. Within sixty (60) days after receipt of the recommendation of the Commission,
the Council shall hold a public hearing and review the PUD Zone and MDP and
approve, approve with supplementary conditions or deny said pian. Upon
granting or denying the application, the Council shall specify;
a. The ordinance and standards used in evaluating the application.
34
b, The reasons for approval or denial,
3. In the event the proposed MDP is denied by the Council, the PUD Zone is also
denied and the property remains in the original zoning district.
F. Implementation: The MDP shall be adopted as an exhibit to the ordinance which
establishes the specific PUD Zone. The MDP, or portions thereof, maybe amended per
the process outlined in 18,20.050. A development agreement between the City and the
applicant may be required by the City Council and executed before the zoning
designation shall be effective.
G. Time Limit: The approval of a MDP shall be effective for a period not to exceed two (2)
years. If no construction has begun within two (2) years after approval has been issued,
it shall expire. An extension of the time limit may be approved, without further hearing
or recommendation by the Commission, if the Council finds good cause in granting such
extension. (Ord, 825, 2021)
18.20,050: PROCEDURE FOR AMENDMENT OF A PUD PLAN:
A. PUD Amendment Process: The Commission shall hold a public hearing before forming
a recommendation to the Council. The Council may approve the amendment as a business
item, per Chapter 18,28,
B. Amendments: PUD Amendments include but are not limited to:
1. Change in the proposed land uses;
2. Change or conflict with any condition of approval;
3. Change in the street pattern, except technical corrections, determined necessary
by the P4h e Wok Community Services Director;
4. Increase in overall density or intensity of use:
a. An increase in the nlnnber of dwelling units; or
b. An increase in the total building square footage or height;
5. Change in the proposed phasing sequence of the FUD;
6. Decrease in the amount of approved open space or landscaping;
7. Decreases in any approved setback; and
8. Any other proposed change deemed by the Aabho Waris Community Services
Director to be a significant change in the MDP. Some architectural style or
guidelines may not affect the changes listed above. (Ord. 825, 2021)
18.20.070: DEVELOPMENT STANDARDS:
A. General Requirements: In the PUD zone the following table of requirements shall
apply. See section 18.20.080 for exceptions and incentives regarding residential
density, and section 18.20.090 for exceptions to non-residential building height,
35
perimeter setbacks, and parking standards. Different setbacks maybe proposed as part
of the MDP. See additional requirements on setbacks and perimeter guidance in
Subsection B below,
Comprehensive Plan Land Use LD R N41) R HD R M U C E
Residential Maximum Units per Acre 5/ac 8/ac 16/a c 16/a c 16/ac 16/a e
Maximum Height 35' 35' 45' 45' 70' 70'
Minimum Rear Yard Setback from Perimeter 20' 15' 10' 10' 0' 0'
Minimum Side Yard Setback from Perimeter 5 10' 10' 10' 0 0'
B. Setback:
1. Standard setback requirements listed in Subsection A above or Section
18.08.042 A of this Title shall not apply to structures on the interior of the
project, but setbacks shall follow the approved MDP for the site and adopted
building codes. The MDP shall also guide front yard setbacks.
2. A proposed PUD shall incorporate height, density, landscaping, and/or
architectural transition designs along the development's perimeter to achieve an
orderly transition to existing lower density residential development or zoning
districts on adjacent properties.
3. Industrial development in a PUD adjacent to any residential uses or zoning shall
include a landscaped buffer that is at least ten feet (10) wide. The landscaped
buffer shall be planted with an evergreen hedge or a dense planting of trees and
shrubs. If using a buffer of trees and shrubs it shall include some evergreen
species appropriate to the site.
4. For the purposes of this section, residential uses across an arterial street from
an industrial use shall not be considered adjacent, but shall be considered
adjacent if located across a local or collector street.
C. Waivers and Adjustments: The Council may grant waivers or adjustments to the
requirements for public or private street widths, setbacks or other design standards if such
waivers are deemed appropriate for the development after considering surrounding uses
and aesthetics. Special consideration may be given for PUDs in infill areas
1. Zoning Standards: The developer may deviate from the height, lot line setback,
and lot dimension schedule found in chapters 18.08 and 18.12.
1. Deviations shall be listed in full as a part of the PUD application and
MDP. Modifications to other zoning and subdivision standards will be
determined by the Commission and Council on a case by case basis.
2. Residential setbacks shall not be reduced between interior edge of
sidewalks and garages to less than twenty feet (20').
36
2. Municipal Standards: The following standards may be modified if requested
as part of the PUD approval process and if deemed appropriate by the Council
upon advice of the Publi , W,,..k Community Services Director, and other staff
as applicable, after considering whether the resulting development would
achieve greater consistency with the intent and purpose of this chapter than
development that would occur without the modification:
a. Any provision in title 16 of this Code pertaining to streets and sidewalks;
b. Any provision pertaining to off-street parking and loading except that at
least one of the required parking spaces per residential unit shall be
located within a reasonable walking distance, except as required to
comply with the Americans with Disabilities Act (ADA).
c. Other provisions of this Code on a case-by-case basis.
D. Building Permits And Architectural Features: When applying for a building permit for
structures or signs within a PUD, the applicant shall include a letter or checklist verifying
that the structure satisfies the architectural requirements of this chapter and the conditions
of approval of the PUD. A similar letter or checklist may be required for the Design
Review phase of a development to verify conformance with the approved open space and
landscaping conditions of the PUD.
E. Water Conservation In Landscaping; In open space, setbacks, and other landscaped areas
in PUDs, other than recreation areas and managed natural areas, at least thirty-three
percent (33%) of the area shall incorporate and maintain a ground cover other than lawn
or turf grasses, and that consumes less water than lawn or turf grasses.
F. Utilities: Underground utilities, including telephone and electrical systems, are required
within the limits of all PUDs. Appurtenances to these systems which can be effectively
screened may be exempted from this requirement if the Commission and Council finds
that such exemption will not violate the intent or character of the proposed FUD.
G. Common Open Space And Pathways In Residential PUDs: The provisions of this section
apply to residential PUDs and to the Net Residential Area of mixed use PUDs.
1. Minimum Open Space: A minimum of ten percent (10%) of the gross land
area developed in any residential PUD project shall be reserved for common
open space and recreational facilities for the residents or users of the area
being developed. The common open space shall not have any dimension
less than ten feet (10') nor be less than three hundred (300) square feet in
area. Required fiont, side, and rear yard setback areas, and minimum
building to building separation, shall not be included in the calculation of
the common open space provided.
37
2. Ownership: The required amount of common open space land reserved
under a PUD shall either be held in corporate ownership by owners of the
project area for the use of each owner who buys property within the
development, or if approved by the Council be dedicated to the public and
retained as common open space for parks, recreation, and related uses. The
responsibility for the maintenance of all open spaces shall be specified by
the developer and approved by the Council before approval of the PUD
MDP.
3. Design: Diversity in the design and use of common open space, open land,
parks, and common areas is encouraged, and approval shall be judged as to
its appropriateness based on the following criteria:
a. Areas intended for public use shall be freely accessible from
streets and/or other common areas that have unrestricted entry.
The configuration of such space shall be to accommodate parks,
play fields, and play areas as directed by the city.
b. Pocket parks, courtyards, and similar common areas for internal
use are encouraged within PVDs so as to convey a sense of
openness and community within the neighborhood. Pocket parks
shall be privately maintained unless approved by the Council.
c. Public utility and similar easements or right-of-way for
watercourses and other channels are not acceptable for common
open space dedication unless such land or right-of-way is usable
as a trail or similar purpose. The common open space must be
usable ground and not wasteland with no other practical purpose.
Consideration may be given to a managed area with a natural
setting such as a natural wooded area or a natural sage and grass
area. Drainage or storm water retention is permitted in common
areas.
4. Accessibility: If possible, every property developed under the PUD
approach should be designed to abut upon common open space or similar
areas. A clustering of dwellings is encouraged so that open space is
accessible to as many residents of the PUD as possible.
a. Open space and trails shall be designed so that a minimum of
75% of all multi -family structures (with three (3) or more
residential units per building) and a minimum of fifty percent
(501/1o) of all single family, duplex, and twin home lots shall be
adjacent to or have direct access to the open space, pathway, or
grail. For the purposes of this section, the term "direct access"
4:
means lots or multi -family buildings are located a maximum of
two hundred fifty feet (250') away from an off-street trail
connecting to a common area open space lot or recreation
amenity, The minimum width of internal trails other than
sidewalks shall be six (6) feet:
b. Building lots separated from a common area open space lot by a
local street shall be deemed to have achieved direct access if a
pedestrian crossing meeting ADA standards connects the two.
5. Trail System Connection Requirements: Exclusive of required sidewalks
within or adjacent to a public right-of-way, a public pedestrian or bicycle
circulation system is required to connect to existing or planned pedestrian
or bicycle routes adjacent to the project. The minimum width of trails
connecting to existing or planned pedestrian or bike routes shall be six (6)
feet, but greater widths maybe required by the City after considering
connections to adopted trail plans and anticipated use.
H. Required Amenities In Residential PUDs. Two (2) or more of the following amenities
shall be provided as part of each residential PUD or the Net Residential Area of a mixed
use PUD, and shall be commensurate with the size and planned population of the
development,
1. Additional landscaped open space of at least ten percent (10%) of the gross
area (twenty percent (20%), total). To qualify as an amenity, the additional
open space must meet the same requirements as described in 18.20.070.G. I
above for minimal open space requirements.
r
2. Private active recreational facilities such as playgrounds, picnic areas,
basketball or tennis courts, swimming pool, clubhouse, etc., of a size
suitable to meet the needs of the development. For the purposes of this
section, a recreational facility(ies) that can simultaneously serve
approximately eight percent ($%) to ten percent (10%) of the projected PUD
population at any given time shall be deemed commensurate with the size
and needs of the development.
3. Golf courses, but regardless of its size no golf course may contribute more
than one-quarter of the common open space required by this section.
4. Provision for a neighborhood park or other public open space or improved
trailhead, with public access thereto.
5. Greenways and waterways that include pedestrian ways, trails, bike paths,
and equestrian trails linking residential areas with other open space uses.
W
These maybe constructed on public utility or other easements or canal right-
of-way, and may be dedicated to the City or a non-profit entity. Grecnways
and waterways differ in scale from required trail systems described in
subsection B above, and may include natural areas, seating/rest areas or
other appropriate facilities.
6. Other amenities as may be approved by the Commission and Council on a
case-by-case basis, (Ord. 825, 2021)
Section 12. Amended Chapter 18.21. Sections 18.21.020 and 18.21.030 of Chapter
18.21 are hereby amended as follow:
18,21,020: SPECIAL PROVISIONS:
In order to achieve the purpose and intent of this chapter, as part of the CC Zone approval process,
the City shall consider the following provisions during reviews:
A. Selective Modifications Of Municipal Standards: The following standards may be
modified if requested as part of the CC Zone approval process and if deemed appropriate
by the Council upon advice of the Publie Work Community Services Director, and other
staff as applicable, after considering whether the resulting development would achieve
greater consistency with the intent and purpose of this chapter than development that
would occur without the modification:
1, Any provision in title 16 of this Code pertaining to streets and sidewalks.
2. Any provision pertaining to off-street parking and loading except that at least
one of the required parking spaces per residential unit shall be located a
reasonable walking distance, except as required to comply with the Americans
With Disabilities Act.
3. Other provisions of this Code on a case-by-case basis.
B. Qualifying Locations And Area Requirements: The following location and area
requirements apply in any CC Zone:
1. Qualifying Locations: A CC Zone may be proposed in any part of the City.
2. Minimum Zone Area: To ensure that CC zoned developments are able to
achieve the purposes stated in this chapter, and to ensure that projects are large
enough to support a private homeowners` association, property management
agency, or corporation responsible for maintenance of open space, all CC zoned
developments shall have a minimum area of five (5) acres unless, after written
request from the developer, written authorization is' granted by the Rublie
Werks Community Services Director prior to developer making application
40
based on finding that the proposed development will be able to satisfy the intent
of this subsection and chapter. Any such authorization from the perks
Community Services Director shall not be binding on the Land Use and
Development Commission or the City Council.
C. Overall Net Residential Zone Density: In no case shall the net residential area (gross
acreage less the area of nonresidential uses) be less than three (3) dwelling units per acre.
There shall be no maximum density, provided that public services and utilities are
adequate to serve the development or could be adequate through developer remedy.
D. Minimum Lot Area: There shall be no minimum lot area in any CC Zone, except as
established with development approval. Parcels shall be of sufficient size to assure
compliance with building setbacks, landscaping, access, parking, and walkability
standards.
E. Surrounding Properties: Through use of design features including, but not limited to,
increased peripheral setbacks, architectural treatments, and landscaped buffers, the
developer shall demonstrate to the satisfaction of the Council, that sufficient measures
have been incorporated into the development plan to assure that adjacent properties will
not experience significant impacts as a result of the proposed development.
F. Pedestrian Realm: In order to achieve an overall walkable development, appropriate land
uses, pedestrian connections, cross easements, common driveways, consistent site
standards, etc., must be coordinated within the respective CC Zone, even though
properties may be individually owned.
G. Land Use Area Designation: As part of the approval process as set forth in this chapter,
the developer shall designate areas within the CC Zone in accordance with the land use
area listed below and shall submit a list of permitted and conditionally permitted uses
within each proposed land use area from section 18.08.040 of this title. Through the
zoning process, uses conditionally permitted in the CC Zone under section 18.08.040 of
this title may be designated as permitted within specific land use areas. The allowable
and conditional uses for a CC Zone are established by the ordinance zoning the subject
property as a CC Zone.
1. Residential: This land use area is designed for comparatively low to medium
density development that emphasizes residential (single and multi -family) use,
but also may include appropriately scaled office, commercial,
public/semipublic and recreation/opera space uses.
2. Village: This land use area is designed for medium to high density maxed use
development that includes residential (single- and multifamily), office,
commercial, public/semipublic, recreation/open space uses, and certain
compatible light industrial uses without a predetermined emphasis on any single
use.
41
Town: This land use area is designed for office, commercial and recreational
uses, but also includes residential (single- and multi -family), public/semipublic,
open space, and certain compatible light industrial uses.
4. Business and research park: This land use area is designed to accommodate (but
not require) a mixture of all rises: residential (single- and multi -family), office,
commercial, light industrial, recreational and public/semipublic uses. The
principal land use in this category should be office, commercial and light
industrial.
H. Relationship To Other Land Use Controls: Wherever there is a difference between
provisions of this chapter and those of other chapters, the provisions of this chapter shall
control. Unless otherwise authorized, subjects not governed by this chapter shall be
governed by the respective provisions found elsewhere in this Code. (Ord. 778, 2018)
18.21.030: ZONE ESTABLISRN4ENT; MASTER DEVELOPMENT PLAN:
A, Each proposed CC Zone may be established by following standard rezoning procedures
of this title and shall be accompanied by a master development plan (MDP) prepared by
the applicant, in consultation with City staff and area property owners, which specifies
land use areas. Design books, phased developments, and approved individual plats and
site pians shall conform to the master development plan. The MDF shall contain:
1. Aerial image showing the zone location, acreage, boundary, scale, and north arrow;
2. Concept/bubble plans showing designated land uses areas, open space, conceptual
vehicle transportation system, and conceptual bicycle and pedestrian transportation
systems and facilities;
3. Phasing plan;
4. Existing transportation infrastructure, waterways, major utilities, and easements,
and floodplain boundaries;
5. Topography and significant features on or adjacent to the property;
b. Architectural renderings demonstrating the development's theme;
7. Narrative including a description of the densities of the project, a description of the
proposed public or quasi -public amenities, and a description of how the
development will satisfy the requirements of this chapter; and
42
8. A land use area table showing the number of dwelling units, commercial area, and
densities within each respective land use area, and the total acreage of open space
by area, and a list of permitted and conditional uses in each designated land use
area.
9. A draft development agreement which includes proposed codes, covenants, and
restrictions (CC&Rs), which said CC&Rs demonstrating how the developer intends
to satisfy short and long-term obligations of the zoning district.
10. Any other appropriate supplementary information that may also be required by the
Publi , W Community Services Director.
11. Evidence of unified ownership or control.
B. The intent of the above is to achieve a consistent overall mixed use neighborhood with
uniform and compatible site standards when the project area is completely built out.
Remnant parcels left from old developments, rebuilds on existing parcels, or pads within
existing center developments, are required to make reasonable compliance with mixed use
development standards through consultation with the -Public Wed Community Services
Director.
C. The MDP shall be adopted as an exhibit to the ordinance which establishes the specific CC
Zone, The MDP, or portions thereof, may be amended only after review by the Land Use
and Development Commission, with public input, and upon approval of the City Council
after the establishment of the CC Zone, as may be needed. A development agreement
between the City and the applicant may be required by the City Council and executed
before the zoning designation shall be effective.
In consideration of the latitude given with CC Zone, the City shall have discretionary
powers in judging and approving or disapproving the imaginative or unique concepts,
innovations, and designs which shall be incorporated into the master development plan
presented. (Ord. 778, 2018)
Section 13. Amended Chapter 18.28. Sections 18.28.010, 18.28.020, 18.28.030, 18.28.040,
18.28.050, 18.28.060, 18.28.070 of Chapter 18.28 are hereby amended as follows:
18.28.010: SCOPE; SUMMARY TABLE OF PROCEDURES:
A. Scope: The administrative procedures set forth in this chapter apply, except as
otherwise indicated, to recommendations and decisions made by the Land Use and
Development Commission (LUDO) and the City Council (Council) on applications or
petitions issuance of conditional use permits, granting of variances, revisions of use
districts, and any other amendment of this title or of the city's comprehensive plan, and
administrative decisions by the Pilie We Community Services Director (FWD
43
CSD), or their authorized designee, and appeals and reconsiderations of decisions. This
chapter is not intended to supersede other portions of code located in other chapters
when specific processes are addressed such as the Creative Community zoning
designation process or Planned Unit Development designation process but there may
be occasions where processes and decisions found in this chapter are used to guide
processes. in other portions of city code.
B. Summary Table of Procedures:
Procedure
Code Cross-
Description
PWD
LDDC
CC
Reference
CSD
Conditional Use Permit
18.28.020
Generally
D (PH)
A (PM)'
18.28.020.D.
Modifications
D (PH)
A (PM)'
Variance
18.28.030
Generally
D (PH)
A (PM)'
18.28.030.5.12.
Administrative
D
A
A (PM)'
(Pwl
Comprehensive Plan
18.28.040
R (PH)2
D (PM)
Amendment (Map or
Text)
Title Amendment (Map
18.28.050
R (PH)
D (PM)
or Text) & Initial Zoning
Designation
Annexation
18.28.060
D (PM)3.
Requests for
18.28.090
D (PM)
Reconsideration
D= Final Decision; R= Recommendation; A= Appeal (only if filed); (PH)= Public Hearing;
(PM)= Public Meeting (no public hearing); PWD CSD = Publie ""i'sCommunity Services
Director (or their designee); LDDC= Land Use & Development Commission; CC= City
Council
Notes: '
1. If LUDC recommends a material change to the proposal or if the applicant makes a
material change to the proposal other than which was initially presented at the hearing,
LUDC shall give notice of its proposed recommendation and conduct another public
44
hearing concerning the matter prior to making a recommendation to the City Council.
The applicant shall be responsible for the cost of notice mailings and publications if the
applicant makes a material change to the proposal.
2. Appeals will only occur if filed in accordance with sections 18.28.070 and 18.28,080.
3. Category A only. Category B and C annexations will be processed as required by Idaho
Code 50-222.
C. Public Hearing Notice Requirements:
5. Procedure
Post on
Surrounding
Agency!Publication
in
Posted on City's
Notice to
Sites
Property Owner
Political Sub./
Official
Website and on
Media as
Malling2
Utility Notice3
Newspaper4
Notice Bulletins
PSA6
Procedure
Post
Surrounding
Agency/
Publication in
Posted on City's
Notice to
on
Property Owner
Political Sub./
Official
Website and on
Media as
Site'
Mailing2
Utility Notice3
Newspaper4
Notice Builetin5
PSA6
Conditional Use Permit-
Yes
Yes
Yes
Yes
Yes
No
General; Conditional
Use Permit -Major
Modification
Conditional Use Permit-
Yes
Yes
No
No
No
No
Minor Modification
Variance -General
Yes
Yes
Yes
No
No
No
Variance-
No
No
No
No
No
No
Administrative
Comprehensive Plan
Yes
Yes
Yes
Yes
Yes
Yes
Amendment -Map
Comprehensive Plan
N/A
NIA
Yes
Yes
Yes
Yes
Amendment -Text
Title Amendment -Map
Yes
Yes
Yes
Yes
Yes
No
Title Amendment -Text
N/A
N/A
Yes
Yes
Yes
No
Annexation (Does not
Follow requirements established in Idaho Code 50-222 depending on category of annexation
include initial zoning
designation)
Initial Zoning
Yes
Yes
Yes
Yes
Yes
No
Designation
Requests for
No
No
No
No
No
No
Reconsideration
Notes
1.. Post Notice on Site; At least fifteen (15) days before the hearing, signs shall be placed in
at least one (1) location on the subject property, and at a location near the property visible
45
from a public roadway if the property does not have public road frontage, at a location
deemed most visible to the public by the Ptibl e Works Community Services Director. To
increase visibility, the PublFo "� Community Services Director may post more than
one (1) sign per project.
2. Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing, notice
of the time and place of the hearing, and a summary of the proposal shall be mailed to
property owners of record per the Bannock County Assessor. Except for variances, all
notices required to be sent to surrounding property owners shall be at a radius of at least
300' from the external boundaries of all contiguous lands owned or controlled by the
applicant or applicants of the subject property for which the permit is sought and include
any additional land which the Publ ^ WoCommunity Services Director deems may be
substantially impacted. Notices for variances shall be required to be sent only to adjoining
landowners; for purposes of this section, "adjoining" shall also mean property owners
across the street. When notice is required to two hundred (200) or more property owners
or purchasers of record, sufficient notice shall be deemed to have been provided if the city
provides notice through a display advertisement at least four inches (4") by two (2) columns
in size in the official newspaper of the city at least fifteen (15) calendar days prior to the
hearing date, in addition to site posting on all external boundaries of the site.
3. Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen (15)
days before the hearing, notice of the time and place, and a summary of the proposal shall
be sent via mail, or via a method otherwise requested by the entity, to the following
agencies: Bannock Coiunty Assessor, Bannock County Commissioners, Bannock County
Road and Bridge, Pocatello-Chubbuck Auditorium District, Portneuf District Library,
Pocatello,Chubbuck School District # 25, Pocatello Airport, Fort Hall Irrigation Project,
Idaho Fish and Game, Idaho Transportation Department, United States Postal Office, Idaho
Public Health District # 6, Bannock Transportation Planning Organization, Idaho Power,
Cable One, Century Link, Intennountain Gas, and any other entity deemed appropriate by
the-Publie W..r4 Comm -unity Services Director. Notice of variance application shall only
be required to be sent via mail, or via a method otherwise requested by the entity, to the
manager of the Pocatello Airport when the variance, if granted, could create an aviation
hazard as defined in Idaho Code section 21-501.
4. Publication in Official Newspaper: At least fifteen (15) days before the hearing, notice of
the time and place, and a summary of the proposal shall be published in the newspaper
named in city code chapter 2.24.
5. Posted on City's Website and on Notice Bulletin: At least fifteen (15) days before the
hearing, notice of the time and place, and a summary of the proposal shall be posted on the
City's webpage and on the City's public notice bulletin board in City Hall.
46
6. Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and place,
and a summary of the proposal shall be sent to other papers, radio, and television stations
serving the city for use as a public seivice announcement (PSA).
(Ord. 528 § 1, 2000; Ord. 832, 2021)
18.28.020; CONDITIONAL USE PERMITS (CUP) PROCEDURES:
A. Applicability. Conditional or special use pemits (CUPS) are those which are not allowed
outright within a zone but nay be allowed only if certain conditions of approval are
satisfied. The purpose of this section is to prescribe the procedure for the accommodation
of uses with special site or design requirements, operating characteristics, or potential
adverse effects on surroundings. This procedure shall apply to all proposals for which a
CUP is required by city code.
B. Design Review Committee Review to Occur Prior to Making Application: Prior to making
application for a CUP, where a design review approval is required by Chapter 18.16 or
elsewhere in City Code, the applicant shall first obtain a design review clearance of the
project such that the Committee may review and relay technical details of the project as
they relate to this or other titles of City code. A design review approval does not constitute
approval of the use and LUDC may attach more stringent requirements upon a CUP than
the Design Review Committee.
C. General Requirements and Procedures:
1. Authority to Apply: Any person who owns or has a contractual interest in real
property governed by this title may apply for a CUP. A CUP is issued to authorize
development or use of the property for the use specified in the permit and subject to
any conditions imposed upon the use. The 12NVD CSD may require the submission of
special studies related to the social, economic, fiscal, and environmental effects and
any aviation hazard as defined in Idaho Code section 21-501(2) along with the
application.
2. Deadline for Complete Applications is Twenty -Eight (28) Days before Hearing:
Complete applications containing the required information and, in the format
prescribed by the WM CSD and all fees as established by resolution of the Council
shall be submitted to the PAVD CSD at least twenty-eight (28) calendar days before
the desired hearing. In the event that an application is deemed incomplete and
additional information is required from the applicant, the CSD may remove the
item from the desired meeting's agenda. I£ upon review the PAVD CSD determines
that an application is of such unusual complexity that more time is needed to
thoroughly review and analyze an application in order to make findings and a
recommendation to LUDO, the PVA[) CSD may cause the application to be heard no
later than 1 regularly scheduled meeting after the originally anticipated meeting.
47
3. Notification Requirements: Notices for the public hearing shall be provided in
accordance with Section 18.28.010 C.
4. Public Hearing: A public hearing shall be held by LUDC in accordance with
procedures adopted by Council resolution. At the public hearing, LUDC shall receive
pertinent evidence concerning the proposed use and the proposed conditions under
which it would be operated or maintained, particularly with respect to the standards
of approval in Section 18.28.020 C.5,
5. Standards for Approving a CUP: A CUP may only be approved if LUDC makes
affirmative findings of fact on each of the following standards:
a. The proposed use is conditionally permitted in the subject zoning
district and complies with all of the applicable provisions of city code
unless modified through the conditional use permit process.
b. The proposed use is generally not in conflict with the goals, objectives,
and policies of the adopted Comprehensive Plan.
c. The proposed use is compatible with other existing and permitted uses
in the general vicinity.
d. The proposed use is harmonious in scale, mass, coverage, density, and
intensity with all adjacent permitted land uses.
e. The proposed use would not place an undue burden on transportation,
police, fire and EMS protection, water/sewer, schools, and other public
facilities or agencies, in the vicinity.
f. The proposed use, if it complies with all conditions imposed, will not
adversely affect other properties or the environment in the vicinity to a
materially greater extent than would uses permitted outright by this
Code.
6. Conditions of Approval: It is not the intent of this section to restrict or specify the
design proposed or to specify the exterior detail or design, color, or materials of a
project, except when such detail is of a magnitude affecting the general appearance
and compatibility of the development with its surroundings. To make affirmative
findings relating to the standards established in section 18.28.020 C.5, LUDC may
condition approval of the permit on compliance, including but not limited to, the
following:
a. Conformity to approved plans and specifications.
M.
b. Provision of open spaces, pathways, buffer strips, walls, fences,
landscaping, and lighting.
c. Minimizing adverse impact on other development.
d, Controlling the sequence and timing of development.
e. Assuring that development is maintained properly.
f. Designating the provision of on-site or off-site public facilities or
services.
g. Requiring more restrictive standards than those generally required by
the Code; and
h. Requiring the mitigation of effects of the proposed development upon
service delivery to the property by any political subdivision, including
school districts.
7, Requiring Special Studies: Prior to malting a decision or as a condition of approval,
the LUDC may require the submission of special studies related to the social,
economic, fiscal, and environmental effects and any aviation hazard as defined in
Idaho Code section 21-501(2),
8. Variance or Waiver to Development Standards Included in Permit: Pursuant to Idaho
Code section 67-6512(f), LUDC may approve, in accordance with notice and
approval criteria in Section 18.28.030, a change from required standards located in
this Title. The application must specify the changes being requested and address the
approval criteria via narrative. When an application contains both requests, only the
fee for a conditional use permit shall apply.
9. Effective Date: The decision of LUDC shall be effective ten (10) calendar days from
the date that the findings of fact and conclusions of law is signed and approved by
the Chair.
10. Application Resubmittal: No application for a conditional use permit that has been
denied by LUDC or Council shall be resubmitted in either the same or substantially
same form less than one (1) year from the date of the final action, unless specifically
authorized by the granting body during the final action decision.
11. Regulatory Talcing: Denial of a CUP or approval of the same with conditions
unacceptable to the landowner may be subject to a regulatory taking analysis
provided for by Idaho Code section 67-8003, consistent with requirements
established thereby.
%GO
D. Modifications to Approved CUPS: Modifications or amendments to approved CUPs may
be approved by LUDC only after following the application submission, fee payment, public
notice, and public hearing requirements and procedures established by Chapter. If upon
review the change is deemed technically substantive enough by the 7t 1 M CSD such that it
could impact the delivery of services or infrastructure by the City, the P -WD CSD may
require that the modifications be reviewed and approved by the Design Review Committee
prior to being scheduled with LDDC. Upon review by LUDO, requirements and standards
of sections 18.28.020 C.5. - 11, shall be considered, and affirmative findings be made for
each standard.
E. Regulatory Takings Analysis: Denial of a CUP or modification request or approval of the
same with conditions unacceptable to the landowner or applicant may be subject to a
regulatory takings analysis provided for by Idaho Code section 67-8003, consistent with
the requirements established thereby,
F, Tenn of Approval: Unless a longer time shall be specifically established as a condition or
allowance of approval, a conditional use permit shall lapse and become automatically void
one (1) calendar year following the date on which such permit became effective, unless
prior to expiration, the use has commenced, and all conditions of the permit are satisfied.
G. Extension: A CUP subject to lapse may be renewed by the PSB CSD one (1) time for up
to additional two (2) years provided that prior to the expiration date, a written petition is
filed at least thirty (30) days prior to lapse with the PVM CSD and that the same finds that
none of the following circumstances exist; in the event that the PWD CSD finds that any
of the following exist, the extension request shall be denied and the applicant may appeal
through the usual appeals process or may apply for a new conditional use permit:
1. There have been significant amendments to the Comprehensive Plan or Land Use
ordinance which will affect the CUP authorization.
2. There have been significant land use changes in the vicinity which would adversely
impact the project, or which would be adversely impacted by the project.
3. There are hazardous situations which have developed or have been discovered in the
area.
H. Approval is Non -Transferrable and Runs with the Land. A CUP is non -transferable from
one (1) parcel of land to another and shall run with the land and continue to be valid upon
a change of ownership of the site or structure, providing however, that the new owner
complies with the terms of the permit.
1. Revocation of Permits: CUPs may be revoked by the P CSD at any time if it is
determined that any condition of the CUP or any other city code is being violated. Prior to
revocation, the applicant shall be afforded thirty (30) days after the date of notification of
noncompliance/intent to revoke to become compliant, Additionally, prior to revocation, the
applicant shall be afforded an opportunity for a hearing before LDDC; said hearing must
be requested within ten (10) calendar days of the date of notification of
noncompliance/intent to revoke the conditional use permit. Failure to come into
compliance within thirty (30) days of the notification of noncompliance and failure to
50
request such a hearing will" result in immediate revocation of the approved CUP and may
constitute a violation of this title. (Ord, 755, 2016; Ord. 832, 2021)
18.28.030: VARIANCES:
A. Applicability: A variance shall not be considered a right or special privilege but may be
granted upon a determination by LUDO that the approval criteria are satisfied. A variance
pursuant to this Chapter shall not apply to variances as described in Chapter 15.54 Flood
Damage Prevention, nor shall it apply to parking requirements, or other deviations allowed
in other sections of code. For purposes of this chapter, a variance is . defined as the
modification of the bulk and placement requirements of the Land Use Ordinance as to one
(1) or more of the following items only:
1. Minimum lot area (square feet).
2. Minimum lot width and depth.
3. Minimum lot frontage.
4. Minimum front yard setback.
5. Minimum rear yard setback.
6. Minimum side yard setback.
7. Maximum building or structure height.
8. Any other land use ordinance provision affecting the size or shape of a structure or
building or the placement of a structure or building upon alot, or the size of lots.
B. General Requirements and Procedures:
Authority to Apply: Any person who owns or has a contractual interest in real
property governed by this title may apply for a variance.
2. Deadline for Complete Applications is Twenty -Eight (28) Days before Hearing:
Complete applications containing the required information and, in the format
prescribed by the PVM CSD and all fees as established by resolution of the Council
shall be submitted to the PWD CSD at least twenty-eight (28) calendar days before
the desired hearing. If an' application is deemed incomplete and additional
information is required from the applicant, the P CSD may remove the item from
the desired meeting's agenda. If upon review the PB CSD determines that an
application is of such unusual complexity that more time is needed to thoroughly
review and analyze an application to make findings and a recommendation to LUDO,
the PAV9 CSD may cause the application to be heard no later than one (1) regularly
scheduled meeting after the originally anticipated meeting.
3. Notification Requirements: Notices for the public hearing shall be provided in
accordance with section 18.28.010 C.
4. Public Hearing; A public bearing shall be held by LUDC in accordance with
procedures adopted by Council resolution. At the public hearing, LUDC shall receive
51
pertinent evidence concerning the proposal, particularly with respect to the standards
of approval in Section 18.28.030 B.5.
5. Standards for Approving a Variance; written final decision required: A variance may
be only approved if LUDC makes affirmative written findings of fact on each of the
following standards:
a. The applicant has taken all reasonable steps to comply with the strict terms
of the ordinance from which a variance is requested.
b. Granting of the variance is not a right or special privilege.
c. Granting of the variance is due to an undue hardship as related to the
characteristics of the land, and the applicant has shown that absent a
variance, they would be deprived of rights commonly enjoyed by other
properties in the identical zoning district under the terms of the title.
d. Granting of the variance is the result of an undue hardship caused by the
characteristics of the site and the creation of the hardship did not result
from actions of the applicant, or the current, or a prior landowner, or any
of their agents. In no event shall any variance be granted merely because
compliance would diminish the •financial return from use of the land in
question or because it would reduce the market value of lands or because
compliance with code would be financially costly.
e. Granting of the variance does not demonstrably adversely affect
adjacent/nearby property.
F Granting of the variance is not detrimental to the public health, safety, and
welfare.
6, Precedents; The granting of a prior variance or referencing property developed under
prior regulations is not admissible evidence for the granting of a new variance. Each
request for a variance shall be judged on its own facts and circumstances.
7. Effective Date: The decision of LUDC shall be effective ten (10) calendar days from
the date that the findings of fact and conclusions of law is approved by the Chair.
8. Application Resubmittal: No application for a variance that has been denied by
LUDC shall be resubmitted in either the same or substantially same form less than
one (1) year from the date of the final action, unless specifically authorized by LUDC,
or the Council upon hearing an appeal.
52
9. Regulatory Takings Analysis: Denial of a variance or approval of the same with
conditions not acceptable to the landowner may be subject to a regulatory takings
analysis provided for by Idaho Code section 67-8003, consistent with the
requirements established thereby.
10. Variance Expiration: Authorization for an approved variance shall be valid for a
period of one (1) year from the date of approval. The applicant must initiate
implementation of the approved variance through construction within one (1) year
from the date of approval. The approval shall become null and void in the event that
implementation of the variance and all conditions are not initiated within said one (1)
year period. A variance pennit that has expired prior to implementation shall not be
reestablished without a new variance being approved, unless the permit is otherwise
extended under the terms of this chapter.
11. Time Extension. An applicant who has been granted a variance may request a time
extension that does not exceed an additional six (6) month period. A request for a
time extension must be submitted in writing to the PWD CSD at least thirty (30) days
prior to the expiration of the approved variance permit. The ISD CSD may grant the
request provided the applicant demonstrates good cause for the extension of the
approved permit. Only one extension may be granted. A denial of a time extension
by the Director may be appealed to LUDC in accordance with section 18.28.070.
12. Administrative Variance: The P CSD may approve the modification of a setback,
building height, lot coverage, or building footprint size requirements of this Title by
tip to ten percent (10%), in writing, subject to the following requirements:
a. The applicant must provide written consent from all adjoining property
owners of record, signified by the owner's signature on a form provided by
the PWD; for purposes of this chapter, if one property owner of a property
listed with multiple property owners provides written consent, this
requirement shall be deemed satisfied for that property.
(1) The consent form shall clearly describe the nature of the proposed
variance request and state that the property owner, by signing the
form, is consenting to the variance request.
(a) If any of the adjoining owners fail to sign the form, then
the administrative variance cannot be processed by the
P -WD CSD,
(b) If the applicant fails to obtain all of the required
signatures, they may at their own discretion, submit a
variance application pursuant to this section.
53
b. The application moets the standards for approving a variance set forth
in section 18.28.030 B.S. (Ord. 246 § 2, 1983: Ord. 241 § 7-3, 1983;
Ord. 832, 2021)
18.28.040: COMPREHENSIVE PLAN AMENDMENT:
A. Purpose: The purpose of this section is to establish procedures for amendments to the
text and map components of the adopted Comprehensive Plan (Plan) of the City of
Chubbuck.
B. Applicability: The provisions of this section shall apply to any Plan amendment
application.
C, Hearing Requirements and Procedures:
1. Initiation of an Amendment:
a. Amendment Initiated by the City: The Council, LUDO, Mayor, or
PALD CSD may propose to amend the Plan.
b. Amendment Initiated by a Property Owner: A property owner or duly
authorized representative wishing to modify the Plan first shall
complete a pre -application conference with the PSD CSD prior to the
submittal of a Plan amendment application, the purpose of which for
the potential applicant to discuss their proposal with staff to identify
any readily apparent issues with the proposal and to discuss rationale
for the proposal.
2. Deadline for Complete Applications is Twenty -Eight (28) Days before
Hearing: Complete applications containing the required information and in
the format prescribed by the PWD CSD and all fees as established by
resolution of the Council shall be submitted to the PAVH CSD at least twenty-
eight (28) calendar days before the desired hearing. If an application is
deemed incomplete and additional information is required from the applicant,
the F" CSD may remove the item from the desired meeting's agenda. If
upon review the P -VVI) CSD determines that an application is of such unusual
complexity that more time is needed to thoroughly review and analyze an
application to make findings and a recommendation to LUDO, the PYA CSD
may cause the application to be heard no later than one (1) regularly scheduled
meeting after the originally anticipated meeting.
3. Amendments Require At Least One (1) Public Hearing: Prior to
recommending the adoption, amendment, or repeal of the Plan to the Council,
LUDO shall conduct at least one (1) public hearing in accordance with the
54
resolution of the City Council and with notice provided in accordance with
section 18.28.010 C. LUDC shall review the criteria found in 18.28.040 D.
and issue provide a recommendation to the Council as whether the proposal
satisfies or does not satisfy each criteria.
D. Recommendation to Council and Required Findings: Upon recommendation from LUDO,
the Council shall review the recommendation and the record at a public meeting; at their
discretion, the Council may call for a public hearing to be held and the applicant shall be
responsible to all costs of providing notice. The Council may approve a Plan amendment
after considering following criteria; affirmative findings on each of the following are not
required to approve an amendment:
1. The proposed change is required for the public convenience or necessity, or
the general welfare of the community, and is in the community's best interest.
2. The proposed change is needed to recognize substantial changes in the actual
conditions of the area or city that have occurred since the comprehensive plan
was adopted, or is necessary to correct one or more goals, objectives, or
policies that exist in the plan.
3. The proposed change will comply with the community's goals, objectives, and
policies within the comprehensive plan, including its maps; and
4. The proposed change will not place undue burden on transportation or other
public facilities in the planning area and does not adversely impact the
delivery of services by any political subdivision.
E. Material Change from LUDC Recomi iendation Requires Public Hearing: If the Council
determines it best to make a material change from the recommendation of LUDC, further
notice and public hearing shall be provided in accordance with section 18,28.0 10 C. before
the Council adopts, amends, or repeals the Plan.
F. Approval by Resolution: A Plan amendment shall become effective when enacted by
resolution by the Council. (Ord. 832, 202 1)
18.28.050: TITLE TEXT AND MAP AMENDMENTS AND INITIAL ZONING DISTRICT
DESIGNATION:
A. Applicability: The purpose of this section is to provide a process for amending the text of
the zoning ordinance and/or the zoning district map, or other portions of city code deemed
by the City Attorney to fall under the regulatory purview of the Local Land Use Planning
Act of the State of Idaho, Chapter 65, Title 67.
B. General Requirements and Procedures:
55
1. Initiation of an Amendment:
a. Amendment Initiated by the City: The Council, LUDC, Mayor, or
nim CSD, may initiate a request to amend the text of this title or to
amend the zoning district map,
b. Amendment Initiated by a Property Owner: An owner of private
property within the City of Chubbuck or their duly authorized
representative, may initiate a request to amend the text of this title or
to amend the zoning district map by submitting an application to the
PWB CSD.
2, Deadline for Complete Applications is Twenty -Bight (28) Days before
Bearing: Complete applications containing the required information and, in
the format prescribed by the P -W CSD and all fees as established by
resolution of the Council shall be submitted to the P CSD at least twenty-
eight (28) calendar days before the desired hearing. If an application is
deemed incomplete and additional information is required from the applicant,
the CSD may remove the item from the desired meeting's agenda. If
upon review the PWD CSD determines that an application is of such unusual
complexity that more time is needed to thoroughly review and analyze an
application in order to make findings and a recommendation to LUDC, the
I'WD CSD may cause the application to be heard no later than one (1)
regularly scheduled meeting atter the originally anticipated meeting.
3. City May Require Conceptual Development Plan: When not accompanied by
a plat or other use permit, the D`z WE) CSD, LUDC, or Council may require a
conceptual development plan that depicts streets, site access, internal
circulation patterns, connectivity to adjacent properties, general locations of
buildings, land uses and parking, pedestrian walkways, and private/public
open space.
4. Notification Requirements: Notices for the public hearing shall be provided
in accordance with section 18.28.010 C.
5. Public Bearing: A public hearing shall be held by LUDC in accordance with
procedures adopted by Council resolution. At the public hearing, LUDC shall
receive pertinent evidence concerning the proposal, particularly with respect
to the standards of approval in Section 18.28.050 8.8.
6. Recommendation: After considering the petition, facts, testimony, and the
review criteria found in section 18.28.050 8.8., LUDC shall make a
recommendation to the Council on whether to approve without or with
conditions, deny, or modify an amendment request. Following the LUDC
56
hearing, if LUDC recommends a material change to the proposed amendment
which was considered at the hearing, it shall give notice of its proposed
recommendation and conduct another public hearing concerning the matter if
the council will not conduct a subsequent public hearing concerning the
proposed amendment.
Council Review of Recommendation: Following receipt of LUDC's
recommendation, the Council shall hold a meeting to consider the request and
the recommendation of the Commission and shall render a decision. Since a
public hearing was held on the application by the Commission, a public
hearing with Council shall not be required however, affected persons may
petition the Council in writing to hold a public hearing. The decision as to
whether or not to hold a hearing shall be at the discretion of the Mayor after
discussing the petition with the city's legal counsel, the Council President, and
the PVD CSD. In those instances where a hearing is held, notice shall be
given pursuant to requirements of Idaho Code section 67-6511 and the
applicant shall be responsible for the costs associated with additional notices.
As a requirement for consideration and action, any written petition by an
affected person for a hearing shall be submitted to the P -WD CSD not less than
seven (7) calendar days prior to the Council meeting in which the application
will be reviewed in order for the petition to be considered. Any petition not
submitted in a timely manner shall be barred from consideration. Petitions
shall include the names and addresses of the petitioners and a narrative
describing the petitioner's concerns with the application as they specifically
pertain to the review criteria as found in subsection 8 of this section and
describing how the proposal affects their interests.
8. Standards for Approving a Title Text or Map Amendment: A title amendment
may be only recommended for approval by LUDO, and approved by the
Council, if affirmative written findings of fact are made on each of the
following standards; concurring findings between the two bodies are not
necessary in order for the Council to approve, approve with conditions, or
deny an application.
a. Map Amendment:
(1) The proposed map amendment would be in the
community's best interest;
(2) The list of uses permitted by the land use ordinance
would blend with surrounding land uses and the uses
permitted in the proposed zoning district would be
harmonious in terms of their scale, mass, coverage,
density, and intensity with adjacent land uses.
57
(3) The subject site is suitable for the type and intensity of
land uses permitted under the proposed zoning district.
(4) The subject site would be adequately served by
transportation routes, police, fire and EMS protection,
water/sewer, schools, and other public facilities and
services, or agencies, to serve the public health, safety,
and general welfare under the proposed zoning district;
and
(5) The proposed map amendment is generally not in
conflict with the goals, objectives, and policies of the
adopted Comprehensive Plan. LUDC and Council
shall have discretion in interpreting exact boundary
locations of the future land use map designations when
considering map amendment requests,
b. Text Amendment:
(1) The proposed text amendment would be in the
community's best interest.
(2) The proposed text amendment is consistent with the
existing provisions of the zoning ordinance; and
(3) The proposed text amendment is generally not in conflict
with the goals, objectives, and policies of the adopted
Plan and furthers them more than the adopted zoning
text.
C. Approval by Ordinance: Zoning ordinance amendments, text, or map, shall become
effective when the Council adopts an ordinance amending the Title and upon summary
publication.
D. Rezoning of Land within Four Years: If the Council adopts a zoning district change
pursuant to a request by a property owner, the Council shall not subsequently reverse its
action or otherwise change the zoning classification of said property without the consent
in writing of the current property owner for a period of four (4) years from the date of
adoption of said change, per Idaho Code section 67-6511(d).
E. Regulatory Takings Analysis: An amendment of the zoning ordinance applicable to an
owner's lands or approval of conditional rezoning or denial of a request for rezoning may
be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003,
consistent with the requirements established thereby.
58
F. Zoning Development Agreements (ZDA):
Purpose: A zoning development agreement (ZDA) is a discretionary tool to
be used by LUDC and the Council pursuant to Idaho Code section 67-6511A.
ZDAs allow a change in a zoning for a specific project, with a specific use, to
be developed in an area which may not be appropriate for all uses permitted
outright or conditionally within the proposed zone. Approval of a ZDA,
pursuant to this section, would permit the proposed use, with conditions,
within the proposed zone.
2. ZDA Designation: Lands approved for a change in zoning with a ZDA shall
be designated by a "ZDA" (Zoning Development Agreement) on the map
following the official zoning designation (e.g., R-1(ZDA), R-2(ZDA), C-
l(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not
constitute "spot zoning" nor shall be it presumptive proof that the zoning of
other property adjacent to or in the vicinity of the ZDA property should be
zoned the same.
3. When Permitted or Required: A ZDA may be permitted or required at the
discretion of LUDC or Council when considering a request for a rezone. An
agreement, when permitted or required, shall be initiated through one of the
following methods:
a. On request by the landowner or duly authorized representative.
b. On recommendation of the PWD CSD; and
c. As recommended by LUDC and/or required by Council.
(1) LDDC or Council may require that a ZDA be execrated
prior to allowing a particular project to proceed. A
ZDA may be formulated when approval of the rezone
would permit uses within that zone which may not be
appropriate to the area, but the subject project
presented may have value to the community which
could otherwise be allowed using an agreement.
4. Creation and Form: If a ZDA is deemed necessary by LUDC or Council, the
developer or owner shall prepare and execute an agreement with the City that
shall be reviewed and approved for form by the City Attorney prior to final
Council action. The agreement shall contain the provisions set out below, and
once executed by the developer/owner, shall be presented to Council for its
approval, and then recorded with the County Cleric with a copy of the
instrument provided to the City. Minimum provisions in ZDA's shall be:
59
a. Legal description of the subject property;
b. An affidavit by the owner of the property agreeing to the
submission of the use and property for an agreement;
c. A concept plan for the property including, but not limited to
preliminary site plans, elevation plans, density, and other
pertinent exhibits;
d, Construction schedule, including projected occupancy date;
e. Provisions for any reservation or dedication of land;
The duration of the agreement, and
g. A provision that the owner acknowledges and agrees that failure
to comply with the terms of the agreement shall result in a
rezoning of the real property to the zoning district existing
immediately prior to the execution of the agreement or, in the
case of the preexisting zone being an initial zone at annexation,
a zone deemed appropriate by the Commission and Council,
h. A provision specifying that the agreement and all conditions,
terms, duties, and obligations included in said agreement shall
be an encumbrance on the real property and shall ran with the
land.
Any other matter required by the Council. (Ord. 832, 2021)
18.28,060: ANNEXATIONS:
A. Applicability: This section implements the expressed policy of the State of Idaho that cities
of the State should be able to annex lands which are reasonably necessary to assure the
orderly development of Idaho's cities to allow efficient and economically viable provision
of fax -supported and fee -supported municipal services, to enable the orderly development
of private lands which benefit from the cost-effective availability of municipal services in
urbanizing areas, and to equitably allocate the costs of public services in management of
development on the urban fringe. The corporate boundary of the City may be expanded
whenever the Council deems it to be for public convenience or necessity or for the general
welfare. This section shall apply to all lands which can annex by State law in accordance
with its procedures.
B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given
when evidenced by written authorization or approval executed by the owner or owner's
authorized agent. Consent shall be implied for the area of all lands connected to water or
wastewater systems operated by the City if the connection was requested in writing by the
owner, or the owner's authorized agent, or completed before July 1, 2008 and for lands
subject to a written consent to annex recorded in the County Recorder's office. Written
consent to annex, if recorded in the County Recorder's office, shall be binding upon
subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be
contiguous or adjacent to the city limits at the time the landowner consents to annexation
for the property to be subject to a valid consent to annex; provided however, no annexation
of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent
to the city limits.
C. Approval by Ordinance: Annexations sball become effective when the Council adopts an
ordinance and upon summary publication.
D. Annexation or Written Consent to Annex Required before Providing City Facilities and
Services: Prior to providing municipal facilities or services, the city will require annexation
of those eligible properties and if not eligible, written annexation consents to be recorded
with the County Recorder's office and evidence of the instrarnent provided to the city.
B. Application: A request for the annexation of property into the city may be initiated as
outlined in Idaho Code Title 50, Chapter 2. In the case of non -City initiated annexations,
an annexation application shall be filed and include all information required by the PWD
CSD and fees as required resolution adopted by the Council, along with any other
information required by the same chapter of Idaho Code. All annexation applications shall
be accompanied by a separate application for an initial zoning designation pursuant to the
requirements of Section 18.28,050; the Council shall not review an annexation application
until it has received an initial zoning designation recommendation from the Commission.
F. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code Section
50-222, three (3) annexations classifications have been established based on the size of the
area considered for annexation, the property's contiguity to the city, level of private
landowner consent, and sometimes due to health-related considerations. Annexation of all
lands shall follow the applicable notice and procedures required by Idaho Code,
G. Standards for Approving Annexations:
1. Standards for Approving an Annexation: Annexation may be approved by
the City Council if affirmative written findings of fact are made on each of
the following standards:
a. The land is contiguous or adjacent to the City boundary.
61
b, All portions of highways, streets, or roadways lying wholly
or partially within an area to be annexed shall be included
within the area requested for annexation unless expressly
agreed between the city and the county.
c. The annexation meets the requirements for its Annexation
Classification under Idaho Code.
d. Annexation of the land is in the best interest of the City,
Suggested considerations to evaluate for this criteria include,
(1) Revenue generated by property taxes will
exceed longterm costs associated with
maintenance and provision of services and
facilities.
(2) The advantages both to the City and to the area
outweigh the disadvantages.
(3) If previously developed, the area has the
opportunity to redeveloped or to develop at
higher intensity.
(4) If expenses required to bring the properties to
city standards exceed anticipated property tax
income, the residents and/or Council agree to
form a local improvement district.
(5) Annexation is equitable and £air to existing
residents; and
(6) Annexation would address a public health
concern,
e. The land can be served currently, or within a reasonable
time, by essential urban services,
f A zoning district will be assigned via ordinance at the stone
time, or immediately following, the annexation
approval, (Ord. 832, 2021)
18.28.070: APPEAL OF ADMINISTRATIVE DECISION:
62
Written appeals of the PWD CSD 's decisions as authorized by this Title may be filed by the
applicant or any affected person having a bona lade interest in real property as defined in Idaho
Code section 67-6521. The appeal petition must be submitted within ten (10) busyness days of the
PAVD CSD 's final decision and contain a description of the grievance as it pertains to the specific
standards for approval. The appeal shall be heard within a reasonable time by LUDC to review the
decision of the PWD and to hear testimony of the appellant and applicant (if different from
appellant). LUDC shall determine whether to remand, uphold, modify, or overturn the decision of
the PAVD CSD, including whether to remove or add conditions. A decision of LUDC may be
appealed to the Council in accordance with section 18.28.080. (Ord. 832, 2021)
Section 14. Amended Chapter 18.34. Sections 18.34,020, 18.34.030, 18.34.040 and 18.34.120
of Chapter 18.34 are amended as follows:
18.34.020: DEFINITIONS:
ASSEMBLY, PLACE OF: The use of land for a meeting place where persons gather together for
purposes of attending civic, social, religious functions, recreational events or entertainment
performances on a regular or recurring basis including, but not limited to, religious institutions,
banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor
recreational facilities, but excludes a "cultural facility" as defined by this section. A gathering of
less than twenty five (25) persons shall not be considered a place of assembly provided the
gath'cring is accessory and incidental to the principal use.
BED AND BREAKFAST: An owner -occupied residence which has a maximum of three (3) guest
units within a single-family dwelling, the owners of which serve breakfast to guests,
COMMON ACCESS EASEMENT CONFIGURATION: An easement created for the purpose of
providing vehicular or pedestrian access to a property, such as to allow two (2) or more residences
to have access via a singular common private drive or walkway, or easements across common
areas where walkways are located to grant access (pedestrians/bicyclists) to properties that front
the common area.
COMMUNITY BUILDER: The developer of the Harvest Springs Creative Community who
maintains ownership/control during the planning and development stage to ensure that the
development is achieved in a unified manner consistent with the approvals and standards within
the district. The community builder designation may be amended if the purchaser submits a
notarized letter to the RublicAV-encs Community Services Director stating that he/she has reviewed
all documents relating to the approvals and that they agree to comply.
COURTYARD: An unoccupied, open, and uuiobstructed court that opens onto a street, providing
access to two (2) or more single-family detached dwellings occupied and arranged around two (2)
or more sides.
CULTURAL FACILITY: A building or site providing for display, performance, or enjoyment of
heritage, history, or the arts. This includes but is not limited to muscLms, art galleries, and libraries
by a public, private, or nonprofit facility. This does not include commercially -operated theaters.
63
DUPLEX: A single building containing two (2) individual dwellings on one parcel. The dwellings
may be side by side or up and down (see also definition of twin home).
INDUSTRIAL, HEAVY: Manufacturing or other enterprises with significant external effects, or
which pose significant risks due to the involvement of explosives, radioactive materials, poisons,
pesticides, herbicides, or other hazardous materials in the manufacturing or other process,
INDUSTRIAL, LIGHT: Any operation which assembles, improves, treats, compounds, or
packages goods or materials in a manner which does not create a noticeable amount of noise, dust,
odor, smoke, glare or vibration outside of the building in which the activity takes place, which
does not require outside storage of goods or materials, and which does not generate objectionable
amounts of truck traffic.
LAND USE DESIGNATION AREA: A land use category area within the zone with distinct,
,separate standards established by this chapter and as shown on the master development plan. Land
use designation area is not to be interpreted as a strict zoning boundary and may be amended as
provided for by this chapter.
LOT, FLAG: A lot that has access to a public or private right -of- way by means of a narrow strip
of land,
LOT, IRREGULAR: Irregular lots are defined as non -rectangular, lots with three (3) sides and/or
pie -shaped, or lots with more than four (4) sides and require special measurement techniques in
order to achieve the purpose of the specific setbacks.
LOT, Z: Parcels with lot lines that are zig-zagged to provide more space between homes for
useable side or rear yards, and/or which allow side windows to capture wider views of the outdoors,
as opposed to a zero -lot line development wherein houses are commonly lined tip next to each
other with limited views.
OPEN SPACE: An area within a development designed and intended for the use or enjoyment of
all residents of the development or for the use and enjoyment of the public in general.
QUAD-PLEX: A building containing four (4) individual dwellings, Accessory dwelling units are
not included in this definition,
SHORT-TERM RENTAL: The rental or lease of any unit or stricture or portion for a period of
not more than thirty (30) days.
SINGLE-FAMILY DWELLING, DETACHED: A dwelling that is not attached to any other
dwelling, excluding accessory dwellings.
SINGLE-FAMILY DWELLINGS, ATTACHED: Dwellings that are individually owned and
share a common wall with adjacent dwellings, such as condominiums, townhomes/townhouses,
and twin homes,
TRIPLEX: A building containing three (3) individual dwellings. Accessory dwelling units are not
included in this definition.
64
TWIN HOME: A single building containing two (2) individual dwellings on separate parcels, side
by side with a common wall between them (see also definition of duplex),
ZERO -LOT LINE DEVELOPMENT: The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a side lot line. (Ord. 796, 2019)
18.34.030: MAXIMUM AND MINIMUM BUILD -OUT DENSITY AND OCCUPIED FLOOR
AREA; OPEN SPACE REQUIREMENTS:
A. Uses: The Harvest Springs Zoning District will provide a mixture of uses including:
residential, commercial, office, light industrial, retail, educational, civic, and recreational
uses such as trails, parks, and open space.
B. Maximum And Minimum Number Of Residential Units: A maximum of one thousand
three hundred seventy five (1,375) residential units arc permitted within the zoning district
including six hundred twenty five (625) single-family units (single-family dwelling, single-
family attached including townhomes or duplexes, triplex, or quadplex) and seven hundred
fifty (750) multifamily units (structures containing greater than 5 residential units). To meet
the overall net residential density requirement of subsection I8.21.020C of this title and
the minimum established through the MDP approval process, in no instance shall the
district be built out to contain fewer than nine hundred (900) residential units. Accessory
dwelling units shall not count toward the density calculations of this section. To ensure that
the community builder will fulfill the residential density requirements of this district, the
Fublia Works Communit Services Director shall establish a mechanism by which to track
platted lots and to track current densities and may require that future developments contain
greater densities than proposed by the community builder. Accessory dwelling units do not
count toward the maximum number of dwelling units.
C. Maximum Square Feet Of Occupied Floor Area For Nan -Residential Uses: There is no
restriction on maximum square feet occupied floor area for non-residential uses provided
that City utilities and services are adequate to serve the area without negatively impacting
the ability to serve other planned or existing areas in or near the City.
D. Open Space Minimum Area Requirement: At least forty nine (49) acres of open space are
required within the district. Development of the open space areas shall be at least
pr6portional to the development area (e.g., if a plat contains 15 percent of the land area in
the district, there shall be built or existing, at least 15 percent of the proposed open space
in the district); however, recognizing that market or development patterns may cause a
need to deviate from this requirement, a deviation may be granted through the design book
approval process. For purposes of this zoning district, open space amenities as approved
through the MDP are on file in the City. (Ord. 796, 2019)
18.34.040: SCHEDULE OF GENERAL CONTROLS; LAND USE CHART:
A. General Controls: General controls for the zoning district are set forth in the chart
below. Specific uses are permitted where indicated in the chart by the letter IT
Where the letter "C" appears, it denotes a use allowed in the district in question
65
only upon issuance of a conditional use permit as herein provided. An "X"
indicates that the use is neither allowed nor conditionally permitted. An "R"
indicates a restriction on that use. Because no list can be all encompassing,
decisions on uses will be rendered by the 1?ublie Work Community Services
Director with appeal to the Land Use and Development Commission as a business
item available to the applictuit. In making a determination of use, the Puliserles
Community Services Director shall consider similar uses listed in the chart below,
the character of the surrounding neighborhood, and characteristics of the proposed
use.
B. More Than rive Dwellings: All non-residential uses/projects and residential
uses/projects with stnactures containing more than five (S) dwellings shall be
subject to the City's Design Review Committee review and approval.
C. Land Use Designation Areas Defined: Within the Harvest Springs Zoning District
are land use designation areas. with specific uses permitted, conditionally
permitted, or prohibited by this section. Whereas land uses may differ between the
district and the private covenants, all applications for new or modified uses within
the zoning district must be submitted with a recommendation from the reviewing
body of homeowners' association. These land use designation areas are part of this
chapter and prior to design book and platting, are to be interpreted as not being
hard, definite boundaries but are rather, flexible to accommodate needs related to
topography and grade, lot layout and plat design, or other elements that may be
identified during the platting process. Land use designation areas are as follows:
1. Residential (R): This land use area is designed for comparatively
low to medium density development that emphasizes residential
(single and multi -family) use, but also may include appropriately
scaled office, commercial, public/semipublic and recreation/open
space uses. Home occupations may be allowed as defined.
2. Village (V): This land use area is designed for medium to high
density mixed use development that includes residential (single and
multi -family), office, commercial, public/semipublic, recreation
open space uses, and certain compatible light industrial uses without
a predetermined emphasis on any single use.
3. Town (T): This land use area is designed for office, commercial and
recreational uses, but also includes residential (single and multi-
family), public/semipublic, open space, and certain compatible light
industrial uses.
4. Business and research park (BRP): This land use area is designed to
accommodate (but not require) a mixture of all uses: residential
(single- and multi -family), office, commercial, light industrial,
recreational and public/semipublic uses. The principal land use in
this category should be office, commercial and light industrial,
18.34.120: PLAN AND AGREEMENT CHANGES; ADMINISTRATION:
A. Purpose: The purpose of this section is to provide a process and criteria to interpret,
modify and/or amend the standards, processes, conditions, or provisions contained within
the MDP approval as codified in this chapter and in agreements with the community
builder. In addition, recognizing that not all potential issues can be anticipated over the
life of this development, it is the intent of this chapter to allow for flexibility so that
Harvest Springs Zoning District can adapt to new information, changes in the market,
and technological advances over time.
B. Interpretations: Any dispute over the meaning of this chapter shall be resolved first by an
interpretation from the P-ttblie-Werles Community Services Director. The P•ulilisMlerks
Community Services Director shall issue a written interpretation within ten (t 0) business
days of receiving a written request for clarification. The City P-ublie-Wer-ks Community
Services Director's interpretation may be appealed to the City Council. The City Council
shall hold a meeting on the interpretation appeal at the next available regular meeting
following the date upon which the request for an appeal to the City Council is delivered
to the g-uhkeWoM Community Services Director, At the appeal, both the •Fublis-Werks
Community Services Director and appellant shall be entitled to voice testimony to the
Council for consideration. The community builder or community builder transferee shall
exhaust its remedies as set forth herein prior to exercising other remedies.
C. Appeal Of Administrative Decisions To City Council: Final administrative decisions of
this chapter may be appealed to the City Council.
D. Deviations From The Master Development Plan Approval: An amendment to the Harvest
Springs Master Development Plan as approved may be requested by the community
builder or community builder transferee. Minor deviations meeting the criteria as
described below may be approved administratively by the Puhlie ix� Community
Services Director; major deviations not meeting the criteria for a minor deviation shall
require the same review and approval process as a Zoning ordinance amendment as
outlined in Idaho Code 67-6511.
E. Minor Deviation: A deviation to the approved master development plan shall be
considered minor if the change satisfies all of the following criteria:
67
1. The deviation will not increase the total number of dwelling units in the
development above the maximum number set forth in the approved master
development plan, or reduce the minimum number by more than ten percent
(10%);
2. The deviation will not increase the total floor area of nonresidential uses by
more than ten percent (10%);
3. The deviation will not decrease the minimum, or increase the maximum
density for residential areas of the development beyond approved density
ranges approved;
4. The deviation will not decrease the approved amount of open space or
recreation space;
5. The deviation will not increase any adverse environmental impact, provided
that additional environmental review may be required to determine whether
such change is likely to occur;
6. The deviation will not adversely impact the project's fiscal projections to
.1 the detriment of the City;
7. The deviation will not significantly impact the overall design of the
approved master development plan;
8. The deviation will not significantly alter the size or location of any
designated open space resulting in a lowered level of service; and
9. The requested amendment is a land use category change that does not
increase the land use category of a development parcel immediately
adjacent to the perimeter of the project site,
F. Project And Improvement, Phasing: The concept master phasing plan approved through
the Master Development Plan approval process is intended to be a general guide and to
reflect current conditions, It is not the intent of the City to restrict other phasing
opportunities which correspond to changes in market conditions and tecbnological
advances nor to restrict infrastructure and timing of the development which may differ
from the approved concept.
G. Responsibility Of The Community Builder To Ensure Compliance With This Chapter:
The community builder shall designate through its controlling community documents, a
Community Review Board who, prior to any applications being accepted by the City for
review and approval, shall perform a review of the petition materials to ensure that the
requirements and intent and purpose of this zone are upheld and shall then provide a letter
n
to the City to accompany the application stating their findings and providing a
recommendation. The City will not enforce standards of the development contained
within the development's internal codes, covenants, and restrictions or other related
controlling documents.
H. Deviations From Standards Of This Chapter: In instances where the community builder
or interested party seeks a deviation from the City from regular standards of this Code as
may be authorized in this chapter (e,g., height, building and parking lot layouts, fencing
and screening, etc.), and in addition to any of the criteria related to the subject matter, the
City shall consider the following in malting a decision:
Findings and recommendation of the community builder, homeowners'
association, and/or the Architectural Control Committee.
2. Whether the proposed deviation would conflict with the stated intent and
purposes of this chapter and the adopted master development plan and
design book. (Ord. 796, 2019)
Section 15. Amended Chapter 18.35. Sections 18.35.020, 18.35.030,18.35.040 and 18.35.120
of Chapter 18.34 are hereby amended as follows:
18.35.020: DEFINITIONS:
ASSEMBLY, PLACE OF: The use of land for a meeting place where persons gather together for
purposes of attending civic, social, religious functions, recreational events or entertainment
performances on a regular or recurring basis including, but not limited to, religious institutions,
banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor
recreational facilities, but excludes a "cultural facility" as defined by this section. A gathering of
less than twenty five (25) persons shall not be considered a place of assembly provided the
gathering is accessory and incidental to the principal use.
BED AND BREAKFAST: An owner -occupied residence which has a maximum of three (3) guest
units within a single-family dwelling, the owners of which serve breakfast to guests.
COMMON ACCESS EASEMENT CONFIGURATION: An casement created for the purpose of
providing vehicular or pedestrian access to a property, such as to allow two (2) or more residences
to have access via a singular common private drive or walkway, or easements across connnon
areas where walkways are located to grant access (pedestrians/bicyclists) to properties that front
the common area,
COMMUNITY BUILDER: The developer of the Northside Crossing Creative Community who
maintains ownership/control during the planning and development stage to ensue that the
development is achieved in a unified manner consistent with the approvals and standards within
the district. The community builder designation may be amended if the purchaser submits a
notarized letter to the RuWieAV®rks Community Services Director stating that he/she has reviewed
all documents relating to the approvals and that they agree to comply.
69
COURTYARD: An unoccupied, open, and unobstructed court that opens onto a street, providing
access to two (2) or more single-family detached dwellings occupied. and arranged around two (2)
or more sides.
CULTURAL FACILITY: A building or site providing for display, performance, or enjoyment of
heritage, history, or the arts. This includes but is not limited to museums, art galleries, and libraries
by a public, private, or nonprofit facility. This does not include commercially -operated theaters,
DUPLEX: A single building containing two (2) individual dwellings on one parcel, The dwellings
may be side by side or up and down (see also definition of twin home).
INDUSTRIAL, HEAVY: Manufacturing or other enterprises with significant external effects, or
which pose significant risks due to the involvement of explosives, radioactive materials, poisons,
pesticides, herbicides, or other hazardous materials in the manufacturing or other process.
INDUSTRIAL, LIGHT: Any operation which assembles, improves, treats, compounds, or
packages goods or materials in a manner which does not create a noticeable amount of noise, dust,
odor, smoke, glare or vibration outside of the building in which the activity takes place, which
does not require outside storage of goods or materials, and which does not generate objectionable
amounts of truck traffic.
LAND USE DESIGNATION AREA: A land use category area within the zone with distinct,
separate standards established by this chapter and as shown on the master development plan, Land
use designation area is not to be interpreted as a strict zoning boundary and may be amended as
provided for by this chapter.
LOT, FLAG: A lot that has access to a public or private right -o£ way by means of a narrow strip
of land.
LOT, IRREGULAR: Irregular lots are defined as non -rectangular, lots with three (3) sides and/or
pie -shaped, or lots with more than four (4) sides and require special measurement techniques in
order to achieve the purpose of the specific setbacks.
LOT, Z: Parcels with lot lines that are zig-zagged to provide more space between homes for
useable side or rear yards, and/or which allow side windows to capture wider views of the outdoors,
as opposed to a zero -lot line development wherein houses are commonly lined up next to each
other with limited views.
OPEN SPACE: An area within a development designed and intended for the use or enjoyment of
all residents of the development or for the use and enjoyment of the public in general.
QUAD -FLEX: A building containing four (4) individual dwellings. Accessory dwelling units are
not included in this definition.
SHORT-TERM RENTAL: The rental or lease of any unit or structure or portion for a period of
not more than thirty (30) days.
SINGLE-FAMILY DWELLING, DETACHED: A dwelling that is not attached to any other
dwelling, excluding accessory dwellings.
70
SINGLE-FAMILY DWELLINGS, ATTACHED: Dwellings that are individually owned and
share a common wall with adjacent dwellings, such as condominiums, townhomes/townhouses,
and twin homes.
TRIPLEX: A building containing three (3) individual dwellings. Accessory dwelling units are not
included in this definition.
TWIN HOME: A single building containing two (2) individual dwellings on separate parcels, side
by side with a common wall between them (see also definition of duplex).
ZERO -LOT LINE DEVELOPMENT: The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a side lot line. (Ord. 801, 2019)
18.35.030: MAXIMUM AND MINIMUM BUILD -OUT DENSITY AND OCCUPIED FLOOR
AREA; OPEN SPACE REQUIREMENTS:
A. Uses: The Northside Crossing Zoning District will provide a mixture of uses including:
residential, commercial, office, light industrial, retail, educational, civic, and recreational
uses such as trails, parks, and open space.
B. Maximum And Minimum Number Of Residential Units: A maximum of one thousand
four hundred (1,400) residential units are permitted within the zoning district including
six hundred fifty (650) single-family units (single-family dwelling, single-family
attached including townhomes or duplexes, triplex, or quadplex) and seven hundred fifty
(750) multi -family units (structures containing greater than 5 residential units). To meet
the overall net residential density requirement of subsection 18.21.020C of this title and
the minimum established through the MDP approval process, in no instance shall the
district be built out to contain fewer than four hundred (400) residential units. Accessory
dwelling units shall not count toward the density calculations of this section. To ensure
that the community builder will fulfill the residential density requirements of this district,
the Public -Waifs Community Services Director shall establish a mechanism by which to
track platted lots and to track current densities and may require that future developments
contain greater densities than proposed by the community builder. Accessory dwelling
units do not count toward the maximum number of dwelling units.
C, Maximum Square Feet Of Occupied Floor Area For Non -Residential Uses: There is no
restriction on maximum square feet occupied floor area for non-residential uses provided
that Cityutilities and services are adequate to serve the area without negatively impacting
the ability to serve other planned or existing areas in or near the City.
D. Open Space Minimum Area Requirement: At least eighteen (18) acres of open space are
required within the district. Development of the open space areas shall be at least
proportional to the development area (e.g., if a plat contains 15 percent of the land area
in the district, there shall be built or existing, at least 15 percent of the proposed open
space in the district); however, recognizing that market or development patterns may
cause a need to deviate from this requirement, a deviation may be granted through the
71
design book approval process. For purposes of this zoning district, open space amenities
as approved through the MDP are found on file in the City. (Ord. 801, 2019)
18,35.040: SCHEDULE OF GENERAL CONTROLS; LAND USE CHART:
A. General Controls: General controls for the zoning district are set forth in the chart below.
Specific uses are permitted where indicated in the chart by the letter "P". Where the letter
"C" appears, it denotes a use allowed in the district in question only upon issuance of a
conditional use permit as herein provided. An "X" indicates that the use is neither allowed
nor conditionally permitted. An "R" indicates a restriction on that use. Because no list
can be all encompassing, decisions on uses will be rendered by the PublicWorks
Community Services Director with appeal to the Land Use and Development
Commission as a business item available to the applicant. In making a determination of
use, the A-MeAWT4ffi Community Services Director shall consider similar uses listed in
the chart below, the character of the surrounding neighborhood, and characteristics of the
proposed use.
B. More Than Five Dwellings: All non-residential uses/projects and residential
uses/projects with structures containing more than five (5) dwellings shall be subject to
the City's Design Review Committee review and approval.
C. Land Use Designation Areas Defined: Within the Northside Crossing Zoning District are
land use designation areas with specific uses permitted, conditionally permitted, or
prohibited by this section. Whereas land uses may differ between the district and the
private covenants, all applications for new or modified uses within the zoning district
must be submitted with a recommendation from the reviewing body of homeowners'
association, These land use designation areas are part of this chapter and prior to design
book and platting, are to be interpreted as not being hard, definite boundaries but are
rather, flexible to accommodate needs related to topography and grade, lot layout and
plat design, or other elements that may be identified during the platting process. Land
use designation areas are as follows:
1. Village (V): This land use area is designed for medium to high
density mixed use development that includes residential (single- and
multi -family), office, commercial, public/semipublic,
recreation/open space uses, and certain compatible light industrial
uses without a predetermined emphasis on any single use.
2. Town (T): This land use area is designed for office, commercial and
recreational uses, but also includes residential (single- and multi-
family), public/semipublic, open space, and certain compatible light
industrial uses.
3. Business and research park (BRP): This land use area is designed to
accommodate (but not require) a mixture of all uses: residential
72
(single- and multi -family), office, commercial, light industrial,
recreational and public/semipublic uses. The principal land use in
this category should be office, commercial and light industrial,
D. Land Use Chart
Use
Land Use Designation
Area
Village
Town
SRP
Residential:
Single-family (detached)
P
P
P
Single-family (attached)
P
P
P
Duplex, triplex, yuadplex
Rl
RI
R'
Multi -family (5+ units)
Rl
R'
R'
Accessory dwelling units
P
P
P
Home occupation, minor
w
Rz
w
Home occupation, major
RZ
W
RZ
Model homes/sales office
P
P
P
Mixed use building (such as commercial ground floor and
residential above, or shop homes)
P
P
P
Commercial:
Auto sales
X
X
P
Gas stations
C
X
P
Sexually -based businesses
X
X
X
Storage facilities
R3
R3
R3
Off-street parking facilities
Ra
Ra
Ra
General office
Rs
p
p
Personal and professional services
R5
P
P
All other commercial uses
R6
R9
P
Lodging:
Hotel/motel
X
P
P
Short-term rental
P
P
P
Bed and breakfast
C
C
C
Industrial:
Heavy industrial
X
X
X
Light industrial
X
C
P
Civic/institutional:
73
Assembly, place of
C; R7
C
C
School (public or private)
C
C
C
Government facility (excluding critical infrastructure)
X
C
C
Media
X
P
P
Agriculture:
Agriculture (except livestock)
P
P
P
Livestock
R8
R8
X
Notes:
1. Permitted only when designed to have an outward appearance of a single- family
dwelling unless a design deviation is granted as part of the design book approval
process.
2. Permitted unless objections by any person as set forth in section 18.12.032 of this
title, in which case the matter is treated as a conditional use permit.
3. Permitted only when form and design are consistent with the district and/or
neighborhood's architectural theme and as recommended by the community's
Architectural Review Committee.
4. Off-street parking is limited to surface parking lots. Surface parking lots must be set
back 10 feet from sidewalks and be lined with buildings or vegetative buffer. Parking
lots between buildings and functionally classified collector and arterial streets are
prohibited unless justified through the applicable review process.
5. See all other commercial uses.
6. ,Supermarket and grocery stores are limited to 15,000 square feet maximum. Personal
services provided primarily to neighborhood residents are limited to 10,000 square
feet per tenant.
7. Limited to size not to exceed 30,000 square feet.
8. described and regulated in sections 9,20.070 - 9.20.120 of this Code, except that
section 9,20, 110 of this Code is amended in this zoning district to pormit chickens
within the rear yard of any single-family unit as described in this chapter, regardless
of land use designation area; and that all livestock must be accessory to a primary
residential use only,
9. The following restrictions apply:
a. Building footprint must not be larger than 35,000 square feet. Larger buildings
may be permitted by CUP.
b. Drive-throughs and access lanes between buildings and sidewalks are not
permitted.
c. Storage of non -retail materials and making, assembling, remodeling, repairing,
altering, finishing, or refinishing of its products or merchandise is permitted
provided:
(1) These activities are completely screened within the premises occupied by
the establishment.
(2) These activities are clearly accessory to sales and display activities.
74
(Ord. 801, 2019)
18.35.120: PLAN AND AGREEMENT CHANGES; ADMINISTRATION:
A. Purpose: The purpose of this section is to provide a process and criteria to interpret,
modify and/or amond the standards, processes, conditions, or provisions contained within
the MDP approval as codified in this chapter and in agreements with the community
builder. In addition, recognizing that not all potential issues can be anticipated over the
life of this development, it is the intent of this chapter to allow for flexibility so that
Northside Crossing Zoning District can adapt to new information, changes in the market,
and technological advances over time,
13. Interpretations: Any dispute over the meaning of this chapter shall be resolved first by an
interpretation from the A+b -erl s Community Services Director, The P blie Work
Direeter Community Services Director shall issue a written interpretation within ten (t 0)
business days of receiving a written request for clarification. The City A•'�-Wer,k
Community Services Director's interpretation may be appealed to the City Council. The
City Council shall hold a meeting on the interpretation appeal at the next available regular
meeting following the date upon which the request for an appeal to the City Council is
delivered to the n•.blie Wer.,,s Community Services Director. At the appeal, both the
P41ie Works Community Services Director and appellant shall be entitled to voice
testimonyto the Council for consideration. The community builder or communitybuilder
transferee shall exhaust its remedies as set forth herein prior to exercising other remedies.
C. Appeal Of Administrative Decisions To City Council: Final administrative decisions of
this chapter may be appealed to the City Council.
D. Deviations From The Master Development Plan Approval: An amendment to the
Northside Crossing Master Development Plan'as appr6ved may be requested by the
community builder or community builder transferee. Minor deviations meeting the
criteria as described below may be approved administratively by the A"ie ;;'arks
Community Services Director; major deviations not meeting the criteria for a minor
deviation shall require the same review and approval process as a Zoning Ordinance
amendment as outlined in Idaho Code 67-6511.
E. Minor Deviation: A deviation to the approved master development plan shall be
considered minor if the change satisfies all of the following criteria:
1. The deviation will not increase the total number of dwelling units in the
development above the maximum number set forth in the approved master
development plan, or reduce the minimum number by more than fifteen
percent (15%);
2. The deviation will not increase the total floor area of nonresidential uses
by more than ten percent (10%);
75
3. The deviation will not decrease the minimum, or increase the maximum
density for residential areas of the development beyond approved density
ranges approved;
4. The deviation will not decrease the approved amount of open space or
recreation space;
5. The deviation will not increase any adverse environmental impact,
provided that additional environmental review may be required to
determine whether such change is likely to occur;
6. The deviation will not adversely impact the project's fiscal projections to
the detriment of the City;
The deviation will not significantly impact the overall design of the
approved master development plan;
8. The deviation will not significantly alter the size or location of 'any
designated open space resulting in a lowered level, of service; and
9. requested amendment is a land use category change that does not increase
the land use category of a development parcel immediately adj acent to the
perimeter of the project site.
F, Project And Improvement Phasing; The concept master phasing plan approved through
the Master Development Plan approval process is intended to be a general guide and to
reflect current conditions. It is not the intent of the City to restrict other phasing
opportunities which correspond to changes in market conditions and technological
advances nor to restrict infrastructure and timing of the development which may differ
from the approved concept.
G. Responsibility Of The Community Builder To Ensure Compliance With This Chapter:
The community builder shall designate through its controlling community documents, a
Community Review Board who, prior to any applications being accepted by the City for
review and approval, shall perform a review of the petition materials to ensure that the
requirements and intent and purpose of this zone are upheld and shall then provide a letter
to the City to accompany the application stating their findings and providing a
recommendation. The City will not enforce standards of the development contained
within the development's internal codes, covenants, and restrictions or other related
controlling documents.
H. Deviations From Standards Of This Chapter: In instances where the community builder
or interested party seeks a deviation from the City from regular standards of this Code as
76
may be authorized in this chapter (e.g., height, building and parking lot layouts, fencing
and screening, etc.), and in addition to any of the criteria related to the subject matter, the
City shall consider the following in making a decision:
Findings and recommendation of the community builder, homeowners'
association, and/or the Architectural Control Committee.
2. Whether the proposed deviation would conflict with the stated intent and
purposes of this chapter and the adopted master development plan and
design book. (Ord. 801, 2019)
REMAINDER OF PAGE LEFT INTENTIONALLY BLANI{
VM
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
city and any provision of the Municipal Code which are in conflict with the provisions of the
Ordinance are repealed to the extent of such conflict. All other sections of Titles 17 and 18 not
herein amended shall remain in effect.
Section 2. Severabofty. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become
effective upon its passage, approval, and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this Wk k day of May, 2022.
Kevin B. England, Mayo
ATTEST:
oey ers, Clerk